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Burn-pit claimants will appeal judge’s dismissal

Patricia Kime – (Air Force Times) – June 4, 2013 – Attorneys representing former troops and family members who say they were sickened by exposure to open-air burn pits in Iraq and Afghanistan are appealing a judge’s dismissal of their cases.

Alexandria, Va., lawyer Susan Burke and attorneys from the South Carolina firm Motley & Rice filed an appeal Wednesday arguing that Maryland U.S. District Court Judge Roger Titus’s decision in February to toss out 57 consolidated lawsuits filed against KBR, Inc., was “non-justifiable.”

Titus ruled Feb. 28 that as a government contractor working in a war zone, KBR was entitled to the same legal protection and immunity as U.S. armed forces operating in combat. He also argued that the court did not have jurisdiction to rule on decisions made by another branch of government.

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