A three-judge panel in Florida says a lawsuit can proceed against the operator of a plane that crashed in Afghanistan in 2004, killing three Army soldiers.
The contractor operating the plane, Presidential Airways Inc., is the aviation subsidiary of Moyock, N.C.-based Blackwater USA. Three Blackwater USA employees were also killed in the crash.
Presidential had argued in an appeal that the lawsuit should be thrown out because it was immune from prosecution because it was operating under a government contract. The company also claimed that the lawsuit should not go forward because it would involve one branch of government reviewing another branch’s decision making.
The three judges rejected those claims, upholding a lower court’s ruling. Presidential could still ask for a full hearing before all the judges on the appeals court.
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