updated 10/28/2005 2:05:04 AM ET 2005-10-28T06:05:04

A soldier wounded in a firefight in Afghanistan and the widow of his slain comrade won a default judgment against the estate of a suspected al-Qaida financier.

The lawsuit alleged the late Ahmed Said Khadr failed to control his then-15-year-old son and prevent him from intentionally harming others in the July 2002 battle.

Army Sgt. 1st Class Layne Morris lost his right eye and Sgt. 1st Class Christopher James Speer, 28, died from his injuries in the attack.

Morris and Speer’s widow, Tabitha Speer, sought millions of dollars in their lawsuit.

U.S. District Judge Paul Cassell asked the plaintiffs Tuesday to submit evidence within 20 days to establish the amount of damages they expect.

“This is my way of continuing the war against terrorism,” Morris said. “And hopefully there will be money for Christopher Speer’s widow and their two young children.”

Morris’ attorney, Donald Winder, said he will seek money from the assets frozen by the U.S. and Canadian governments and the United Nations. The lawsuit claims the funds come from an Islamic charity used to set up and run an al-Qaida training camp in Afghanistan.

Khadr, an Egyptian-born, naturalized Canadian citizen, is said to have been killed in a gunfight in Pakistan.

His son, Omar Khadr, is being held at the U.S. Naval Base in Guantanamo Bay, Cuba, over protests of the Canadian government that he is a juvenile.

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