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CARMICHAEL v. KELLOGG, BROWN & ROOT SERVICES, INC.

No. 08-14487.

572 F.3d 1271 (2009)

Annette CARMICHAEL, Individually and as Guardian for Keith Carmichael, Keith Carmichael, an incapacitated adult, Plaintiffs-Appellants, v. KELLOGG, BROWN & ROOT SERVICES, INC., Halliburton Energy Services, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 30, 2009.

Attorney(s) appearing for the Case

Peter A. Law, Davis Kingsley Loftin, Peter A. Law, P.C., E. Michael Moran, Atlanta, GA, for Plaintiffs-Appellants.

Raymond B. Biagini, David Kasanow, Lisa M. Norrett, Lawrence S. Ebner, McKenna, Long & Aldridge, LLP, Washington, DC, Jonathan R. Friedman, Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC, Atlanta, GA, for Defendants-Appellees.

Before MARCUS, KRAVITCH and ANDERSON, Circuit Judges.

MARCUS, Circuit Judge:

At issue today is whether the district court erred in dismissing the plaintiff's negligence suit arising out of an accident in which her husband, a sergeant in the United States Army, was severely injured in May 2004 while serving as an armed escort for a large military convoy traveling through a war zone in Iraq. The district court held that the suit was non-justiciable on political question grounds and dismissed the case for lack of subject...

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