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SÁNCHEZ EX REL. D.R.-S. v. U.S.

No. 10-1648.

671 F.3d 86 (2012)

Juanita SÁNCHEZ, on behalf of minor child D.R.-S.; 7,124 Additional Plaintiffs Found in Attachment A, Plaintiffs, Appellants, v. UNITED STATES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 14, 2012.

Attorney(s) appearing for the Case

Carter Glasgow Phillips , with whom John Arthur Eaves, Jr. , and Gabriel I. Peñagarícano-Soler were on brief, for appellants.

Eric W. Bloom and Winston & Strawn LLP on brief for Municipality of Vieques, amicus curiae.

Adam Bain , Senior Trial Counsel, Torts Branch, Environmental Torts, with whom Tony West , Assistant Attorney General, Civil Division, J. Patrick Gylnn , Director, Torts Branch, Environmental Torts, David S. Fishback , Assistant Director, Torts Branch, Environmental Torts, Jane Mahoney , Senior Trial Counsel, Torts Branch, Environmental Torts, Rosa E. Rodríguez-Vélez , United States Attorney, and Nelson Jose Pérez-Sosa , Assistant United States Attorney, were on brief, for appellee.

Before LYNCH, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

LYNCH, Chief Judge.

Juanita Sánchez and 7,124 additional named plaintiffs appeal from a Rule 12(b)(1) dismissal of their claims against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-2680. Sánchez and her co-plaintiffs assert they have suffered tort injuries because of the United States Navy's alleged negligence in emitting certain pollutants during military exercises (which ended in 2003) at the Atlantic...

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