W.R. Grace & Co. and executives criminally charged in 2005 with the deadly asbestos contamination of a Montana town lost a bid this week to challenge an earlier court ruling that allowed one of the government's charges to stand.
The move would have further delayed the trial, which has undergone a series of postponements and legal appeals.
On Wednesday, a San Francisco federal appeals court declined to reconsider an earlier decision by three of its judges upholding the government charge of "knowing endangerment" against the Columbia-based chemical manufacturer. Grace had asked the court to review the decision en banc - meaning with a full panel of judges.
The denial moves the case "a step closer to trial" assuming Grace does not ask the Supreme Court to review the issue, said Allen M. Brabender, who is among the Justice Department attorneys prosecuting the case. Brabender, who learned of the denial yesterday, called the move an "excellent" development.
Full Story: http://www.baltimoresun.com/business/bal-bz.grace07dec07,0,4305830.story
W.R. Grace Loses Appeal of Ruling by 3-Judge Panel in Asbestos Case
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By Tricia Bishop
Baltimore Sun, December 7, 2007
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