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EL-SHIFA PHARMACEUTICAL INDUSTRIES CO. v. U.S.

No. 07-5174.

607 F.3d 836 (2010)

EL-SHIFA PHARMACEUTICAL INDUSTRIES COMPANY and Salah El Din Ahmed Mohammed Idris, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 8, 2010.

Attorney(s) appearing for the Case

Christian G. Vergonis argued the cause for appellants. With him on the briefs were Stephen J. Brogan, Timothy J. Finn, and Katherine E. Stern.

Beth S. Brinkmann, Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Mark B. Stern and Dana J. Martin, Attorneys.

Opinion concurring in the judgment filed by Circuit Judge KAVANAUGH, with whom Chief Judge SENTELLE joins, and with whom Circuit Judges GINSBURG and ROGERS join as to Part I.

GRIFFITH, Circuit Judge:

The owners of a Sudanese pharmaceutical plant sued the United States for unjustifiably destroying the plant, failing to compensate them for its destruction, and defaming them by asserting they had ties to Osama bin Laden. The district court dismissed their complaint. A panel of this court affirmed, holding that the political question doctrine barred the plaintiffs' claims. After granting rehearing...

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