A narrow victory has been won by the federal district attorneys yesterday in their pursuit of W.R. Grace on the criminal loads that the company of Columbia published dangerous asbestos fibers everywhere in a mining city.

A decision by a panel of the court of the calls indicated that Montana the lawyer Américain can be allowed to call several witnesses and to use the studies that a judge of lower court had excluded a suit that was in suspense on the actions of Grace in Libby, Montana.

Donald W. Molloy, a District American Judge, repulsed the government's offer to present as many nine witnesses and three health of the critical environment studies to the suit, as mentioning of dates limits the pursuit missed in the case.

A three judges panel of the Appeal court American for the 9th Circuit, however, decided yesterday this Molloy passed his/her/its authority. The court of the calls said that Molloy must find that the government's failing "was persisted and motivated by a desire to get a tactical advantage" to stop some witnesses from testifying.

The calls court noted "Us is compassionate to the attempts of the district court to direct this big and complex criminal trial."The panel said that the judge of the suit could not find a basis to "justify the exclusion or to limit testimony or documents--either like a sanction or like a question of the evidentiary."

During the February 2005 accusation, the federal civil servants encouraged the case like one the most considerable infringements of the environment in the decades. The authorities accused Grace and seven current and former civil servants on conspiracy, obstruction and other loads, and accused them of knowingly illness asbestos causing that spreads for two generations in the city of Montana of the northwest.

A federal survey mentioned in the finished case that more than 1,200 people in Libby, Montana and surrounding regions showed signs of problems of the lung attached to the asbestos illnesses of the mine possessed by Grace. The load of the problems appeared in people who had not worked at the site but had entered in contact with the fibers while leading their lives on a daily basis.

The lawyer Américain in Montana, William W. Mercer, said the calls court the decision put the government "a nearer step to the ultimate goal to try. . . W.R. Grace and the individual defendants with complete evidence."

An outside spokesman for W.R. the Grace, Greg Euston, noted that the company continued to examine the complex opinion.

The court of the calls continues to consider a same more considerable call by the district attorneys. The government's lawyers implored that a three judges panel returns to loads of the act of the Clean air that ask for Grace and his/her/its settings put last month in danger of the Libby residents, with the full knowledge, while operating the mine after the scientist's studies raised the questions there about the impact on the health of workers. A lot of the evidence is defended by the statute of so-called limitations of the lawyers of the defense.

W.R. the Grace bought the mine of Montana in the beginning of the years 1960s and operated it until the the beginning of the years 1990s. Earlier this year, mine previous director Alan R. Stringer and a defendant in the criminal case, death. Lawyer The Skramstads anti-d'amiante, one of the first to win a civil court judgment also against Grace for his/her/its activities in Libby died.

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