Judge denies request to dismiss clergy abuse suit

CREATED Aug. 2, 2012

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APPLETON, Wis. (AP) -- A judge has denied the Green Bay Catholic diocese's latest request to dismiss the lawsuit brought by two brothers who were molested when they were children.

Diocese lawyers asked Outagamie (awt-ah-GAY'-mee) County Judge Nancy Krueger to throw out the case, arguing Todd and Troy Merryfield waited too long to file the suit and that testimony and evidence was damaged as a result.

WLUK-TV (http://bit.ly/N137CD ) reports Krueger denied the diocese's request for dismissal late Wednesday.

The Merryfields were molested by former priest John Feeney in 1978. In May, a jury decided the diocese committed fraud by not telling the Merryfields about Feeney's past history of sexual abuse.

The men were awarded $700,000, but a judge overturned the verdict last month and ordered a new trial. No new trial date has been set.

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Information from: WLUK-TV, http://www.fox11online.com