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NICE v. L-3 COMMUNICATIONS VERTEX AEROSPACE LLC

Nos. 16-15541; 17-10545; 16-90014.

885 F.3d 1308 (2018)

Kimberly A. NICE, a personal representative of the estate of Shawn R. Nice 1st Lt USMC deceased, H.N., a minor child, Plaintiffs-Appellees, v. L-3 COMMUNICATIONS VERTEX AEROSPACE LLC, Estate of Charles Harold McDaniel, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 22, 2018.

Attorney(s) appearing for the Case

Daniel D. Barks , Law Offices of Daniel D. Barks, Atlanta, GA, Michael Dwayne Ermert , Bruce Jones McKee , Christopher Scott Randolph, Jr. , Hare Wynn Newell & Newton, LLP, Birmingham, AL, J. Alistair McKenzie , James F. McKenzie , McKenzie Law Firm, PA, Pensacola, FL, for Plaintiffs-Appellees.

Jessie C. Fontenot, Jr. , Jack M. Strauch , Strauch Green & Mistretta, PC, Bermuda Run, NC, Stanley B. Green , Strauch Green & Mistretta PC—Raleigh NC, Raleigh, NC, for Defendants-Appellants.

Before ED CARNES, Chief Judge, DUBINA, Circuit Judge, and ABRAMS, District Judge.

Kimberly Nice filed this wrongful death action against L-3 Communications Vertex Aerospace and the Estate of Charles McDaniel after a Navy aircraft crashed during a training exercise, killing her husband and everyone else on board. The defendants filed a motion to dismiss for lack of subject matter jurisdiction on political question grounds...

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