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Judge Won’t Dismiss 9/11 Suit Against Afghanistan

WASHINGTON (CN) - A federal judge denied the nation of Afghanistan's motion to dismiss a widower's lawsuit accusing the nation of conspiring with the terrorists who carried out the Sept. 11 attacks on the World Trade Center that killed his wife.

The John Doe plaintiff sued Afghanistan for conspiracy and wrongful death, claiming it conspired with the Taliban and Iraq in the Sept. 11 terrorist attacks.

U.S. District Judge Richard Roberts found that Doe had "set forth some factual allegations of Afghanistan's participation in the conspiracy," but said further discovery was needed to "confirm or disprove" Afghanistan's assertion that, because of foreign sovereign immunity, the U.S. court lacks subject matter jurisdiction.

Roberts denied Afghanistan's motion to dismiss and ordered the parties to propose a plan for discovery that was "limited to facts bearing upon the court's subject matter jurisdiction."

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