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The Supreme Court is declining to revive a lawsuit over a drone strike in Yemen that killed five people.

The court said Monday it would not take up the case. The U.S. Court of Appeals for the District of Columbia Circuit ruled earlier this year that the case had been properly dismissed. The appeals court said taking up the case would require it to second-guess the wisdom of a military action, which it said courts could not review.

The case arose out of a 2012 drone strike in eastern Yemen. The relatives of two people killed in the strike sued the United States, saying it was a U.S. drone strike that had killed their relatives who were innocent civilians.

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