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U.S. Court of Appeals for the 9th Circuit

Dec. 18, 2008

9th Circuit Revives Alien Tort Case Against Mining Company

A sharply divided 9th Circuit sent a human rights lawsuit back to an L.A. federal judge for her to consider whether the Papua New Guinea plaintiffs should have exhausted legal remedies in their own country before filing the suit against a British mining company in the United States.

By Rebecca Beyer
Daily Journal Staff Writer

Should the residents of Bougainville, Papua New Guinea have exhausted legal remedies in their own country before filing a human rights lawsuit against a British mining company in the United States?

That's the question a sharply divided en banc panel of the 9th U.S. Circuit Court of Appeals sent back to U.S. District Judge Margaret M. Morrow of Los Angeles on Tuesday. Sarei v. Rio Tinto, 02-56390. ...

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