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AZIZ v. ALCOLAC, INC.

No. 10-1908.

658 F.3d 388 (2011)

Mohammed AZIZ; Meran Salih Abdullah; Mossa Abdullah Mossa; Suthi A. Mossa; Zakia Sadulla; Kurdish National Congress of North America, "KNC", On behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. ALCOLAC, INCORPORATED, Defendant-Appellee, Republic of Iraq, a sovereign nation; VWR International, LLC, a/k/a VWR International Ltd., f/k/a BDH, Ltd.; Thermo Fisher Scientific, Incorporated, f/k/a Oxoid, Ltd., a/k/a Oxoid, Incorporated; John Does # 1-100, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: September 19, 2011.

Attorney(s) appearing for the Case

ARGUED: Jeffrey David Katz, JD Katz, PC, Bethesda, Maryland, for Appellants. Stephen James Marzen, Shearman & Sterling LLP, Washington, D.C., for Appellee. ON BRIEF: Kenneth F. McCallion, McCallion & Associates LLP, New York, New York, for Appellants. Jonathan L. Greenblatt, Christopher M. Ryan, Sean G. Arthurs, Shearman & Sterling LLP, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge DIAZ wrote the opinion, in which Judge MOTZ and Senior Judge HAMILTON concurred.

OPINION

DIAZ, Circuit Judge:

We consider in this case whether the Appellants have alleged viable claims under the Torture Victim Protection Act ("TVPA"), 28 U.S.C. § 1350, note, or the Alien Tort Statute ("ATS"), 28 U.S.C. § 1350. The Appellants filed a class action complaint under these statutes, alleging that Defendant Alcolac, Inc., a chemical manufacturer, sold thiodiglycol ("TDG") to Saddam Hussein's Iraqi regime, which then used it to manufacture...

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