February 22, 2008
NEW YORK, Feb. 22 (UPI) -- A U.S. appeals court has upheld the dismissal of
lawsuits by veterans, their families and Vietnamese nationals over the use of
Agent Orange in the Vietnam War.
The St. Louis Post-Dispatch reported that the U.S. Court of Appeals for the
Second Circuit in New York issued three opinions affirming lower court ruling
that dismissed 16 civil actions against Dow Chemical Co., Monsanto Co. and other
chemical makers.
The three-judge panel said makers of herbicides that comprised Agent Orange were
protected by the "military contractor defense," which shields independent
contractors from liability when fulfilling government procurement contracts.
In one of the cases the court rejected claims by the Vietnam Association for
Victims of Agent Orange/Dioxin that the use of Agent Orange was a violation of
international law.
The court said the use of Agent Orange was lawful because the herbicide was not
used as a weapon against people, but rather was used to clear vegetation to
protect U.S. troops from ambush.
http://www.upi.com/NewsTrack/Top_News/2008/02/22/appeals_court_rejects_agent_orange_suits/3246/