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McQueary: Penn State's Objections Are 'Without Merit,' Asks Court to Overrule

by on February 01, 2013 12:14 PM

Updated 3:35 p.m.

Judge Thomas Gavin signed an order scheduling a hearing for Mike McQueary's case at 11 a.m. on March 18 at the Centre County Courthouse in Bellefonte. 

Posted at 12:14 p.m.

Mike McQueary's lawyers blasted Penn State's request to dismiss his lawsuit, calling the university's preliminary objections 'without legal merit' and asked the court for an 'expeditious overruling' of the objections. 

In a court document filed Friday, counsel for the former Penn State wideouts coach said McQueary's complaint complies with Pennsylvania rules of civil procedure. According to McQueary's response, counsel for Penn State does not attempt to verify or support its own facts in its preliminary objections but rather uses McQueary's "interpretations or summaries of the facts as set forth in the complaint." 

McQueary requests a briefing schedule in the document. 

On Oct. 2, McQueary filed a defamation, misrepresentation and whistleblower lawsuit in October, holding Penn State responsible for his inability to secure employment, wrongful termination and a shattered reputation. 

McQueary testified before a grand jury and at Jerry Sandusky's June trial that he walked in on Sandusky and a boy in the Lasch Football Building locker room shower and 2001. McQueary said he believed the boy was being sexually abused. 

Penn State was denied a stay in the case. 

McQueary, Plaintiff's Answer to Defendant's Preliminary Objections by

Laura Nichols is a news reporter and @LC_Nichols on Twitter.
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