WLUK reports,
"The Diocese asked Outagamie County Judge Nancy Krueger to throw out the case, using the legal argument known as 'laches' - that the Merryfields waited too long to file the suit and the resulting loss in testimony and evidence has damaged the case such that it isn't fair to try.(via Wisconsin Law Journal)
"In a ruling filed late Wednesday afternoon, however, Krueger denies the Diocese's request for dismissal."
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