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McQueary attorneys respond to Penn State motions in whistle-blower suit

| Saturday, March 9, 2013, 5:09 p.m.

BELLEFONTE — The attorneys for former Penn State assistant football coach Mike McQueary filed a legal document on Friday in support of arguments they will make at an upcoming hearing over his whistle-blower lawsuit against the university.

McQueary's lawyers want an out-of-county judge to overrule Penn State's lawyers' objections to his lawsuit. Penn State is contesting McQueary's claims and the lawyers want the lawsuit thrown out.

The lawyers for both sides will give oral arguments before Senior Judge Thomas Gavin of Chester County on March 18 at the Centre County Courthouse.

McQueary's lawyers contend that a statement ex-Penn State President Graham Spanier made in November 2011 in support of former university leaders Tim Curley and Gary Schultz was defamatory. They also sued on the grounds that Curley and Schultz misrepresented how they would respond to McQueary's report in 2001 when he saw Jerry Sandusky in a shower with a young boy.

Penn State's lawyers said in court papers last month that McQueary's lawsuit was “devoid” of legal merit and asked the judge to dismiss the suit. The lawyers said Spanier's statement was not defamatory and that what Curley and Schultz told McQueary was not a misrepresentation.

McQueary's contract was not renewed when it expired last summer, and the former assistant sued in October, seeking $4 million in lost wages and other punitive damages on the grounds he was defamed and let go because he cooperated with authorities investigating Sandusky.

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