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McGEE v. ARKEL INTERN., LLC

No. 10-30393.

671 F.3d 539 (2012)

Larraine McGEE, as Surviving Mother of Chris Everett and on behalf of the Estate of Chris Everett; Patrick Everett, as Surviving Father of Chris Everett, Plaintiffs-Appellants, v. ARKEL INTERNATIONAL, LLC, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 16, 2012.

Attorney(s) appearing for the Case

Michael Patrick Doyle , Jeffrey Lewis Raizner , Doyle Raizner, L.L.P., Alan Brandt Daughtry (argued), Houston, TX, Paul Maury Sterbcow , Gen. Atty., Lewis, Kullman, Sterbcow & Abramson, New Orleans, LA, for Plaintiffs-Appellants.

Patricia Ann Krebs (argued), Skelly Bruce McCay , Andrew Joseph Quackenbos , King, Krebs & Jurgens, P.L.L.C., New Orleans, LA, for Defendant-Appellee.

Before JONES, Chief Judge, and HIGGINBOTHAM and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

The parents of a National Guardsman killed in an accident in Iraq brought suit against a civilian contractor who they claimed was responsible. They argued that Iraqi law governs the limitations period within which the suit needed to be brought. The district court held both that Iraqi law was not sufficiently proven and that the claims were barred by Louisiana's one-year prescriptive period. We REVERSE and REMAND for further proceedings...

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