Mark McManaway v. KBR, Incorporated

joined by SMITH, CLEMENT, and OWEN, Circuit Judges.

The court has declined to reconsider en banc the panel’s order dismissing this interlocutory appeal as improvidently granted. The appeal raised two questions: whether the case against KBR, a contractor literally on the battlefield in Iraq when these soldier plaintiffs were injured, involves nonjusticiable political questions; and whether KBR inherits FTCA-based preemption of claims “arising out of the combatant activities” of the military during wartime. 28 U.S.C. § 2680(j). The panel’s dismissal order stands federal procedure on its head by…