In an order this week, U.S. District Judge Donald Molloy of Missoula granted the prosecution's request to delay the Sept. 11 trial. Molloy said the prosecution's notice of appeal transfers the case's jurisdiction and prohibits moving forward with the trial as scheduled.
Prosecutors are appealing Molloy's dismissal of some key elements in their case against Grace and seven of its former managers. A 2005 indictment charges Grace and the seven men with conspiring to conceal health risks posed years ago by the company's Libby vermiculite mine, closed since 1990.
Last week, Molloy agreed to delay the start of the trial if necessary.
In the order released Monday, Molloy said prosecutors must immediately inform him when the 9th Circuit resolves the appeal or the notice of appeal is withdrawn.
In other Grace matters, Molloy denied defendant William McCaig's request for a trial postponement because he underwent triple-bypass heart surgery July 17.
The judge said he would not grant the request absent an "acute health-related event," and because the trial no longer is scheduled to start Sept. 11.
McCaig, of Simpsonville, S.C., used to be general manager of the Libby mine.
On the Net: U.S. District Court: http://www.mtb.uscourts.gov/mtd/images/738.pdf
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