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United States DC Circuit


KILBURN v. ISLAMIC REPUBLIC OF IRAN, 03-7117

In suit for damages for the murder of an American citizen, defendant's appeal from the denial of their motion to dismiss is rejected on grounds that the "terrorism exception" of the Foreign Sovereign Immunities Act, 28 U.S.C. section 1605(a)(7), strips defendant of the shield of sovereign immunity.

Appellate Information

  • Argued 05/14/2004
  • Decided 07/30/2004
  • Published 07/30/2004

Judges

  • Before:  GINSBURG, Chief Judge, and GARLAND and ROBERTS, Circuit Judges.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Arman Dabiri argued the cause and filed the briefs for appellants.

  • For Appellees:
  • Douglas Hallward-Driemeier, Attorney, U.S. Department of Justice, argued the cause for amicus curiae United States of America in support of appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Roscoe C. Howard, Jr., U.S. Attorney, Douglas N. Letter, Counsel, and Mark Clodfelter, Assistant Legal Advisor, Department of State., Stuart H. Newberger argued the cause for appellee Blake Kilburn.   With him on the brief were Clifton S. Elgarten and Michael L. Martinez.
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