Judges Refuse to Rehear 9/11 Ruling

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NU Online News Service, Dec. 16, 11:44 a.m.EST?A federal appeals court in Manhattan has refused arequest by World Trade Center leaseholder Larry Silverstein toreconsider a September ruling that the planes that hit the twotowers cannot as a matter of law be considered two separateevents.[@@]

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A three-judge panel of the U.S. Second Circuit Court of Appealshad ruled in September that a trial is necessary to determinewhether the planes that crashed into the towers was one event ortwo. That trial is scheduled to start on Feb. 9.

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A spokesperson at the New York public relations firm RubensteinAssociates, which represents Mr. Silverstein, indicated that theappeals court ruling was not a surprise and that Mr. Silverstein'sposition would be vindicated at trial.

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Mr. Silverstein has contended that the crashes were two separateevents, entitling him to collect $7 billion, twice the policy limitof $3.5 billion. Insurers, led by Travelers and Swiss Re, havecountered that the crashes were one event and therefore only onepolicy limit applies.

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Michael McNamara, a Swiss Re spokesperson in New York, would sayonly that "the decision denying Silverstein's request to re-appealhis losses speaks for itself."

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Travelers did not respond immediately to a request forcomment.

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