Appleton, Wisconsin -- 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 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.