HARRIS v. KELLOGG BROWN & ROOT SERVICES, INC.

No. 09-2325.

618 F.3d 398 (2010)

Cheryl HARRIS, Co-administratrix of the Estate of Ryan D. Maseth, deceased; Douglas Maseth, Co-Administrator of the Estate of Ryan D. Maseth, deceased, v. KELLOGG BROWN & ROOT SERVICES, INC., Appellant.

United States Court of Appeals, Third Circuit.

Filed August 17, 2010.


Attorney(s) appearing for the Case

Patrick K. Cavanaugh , (argued), Stephen J. Del Sole , William S. Stickman, IV , Del Sole Cavanaugh Stroyd LLC, Pittsburgh, PA, for Appellee.

Raymond B. Biagini , Kurt J. Hamrock , Michelle L. Hylton , Daniel L. Russell, Jr. , McKenna, Long & Aldridge, Washington, DC, for Appellant.

John R. Dingess , Joseph L. Luciana, III , (argued), Dingess, Foster, Luciana, Davidson & Chleboski LLP, Pittsburgh, PA, for Appellant.

William D. Wickard , K & L Gates, Pittsburgh, PA, for Appellant.

Before SMITH, FISHER, and COWEN, Circuit Judges.


OPINION

SMITH, Circuit Judge.

This case raises interesting and important questions about the scope of the political question doctrine and the Federal Tort Claims Act's "combatant activities" exception. We do not reach those questions now, however, because they are not properly before us. We must dismiss this premature appeal for lack of jurisdiction.

I.

This appeal arises from the accidental death of Staff Sergeant Ryan Maseth, an active...

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