LEXINGTON, Ky. (AP) - A judge has denied Comair's request to
have its case against the Federal Aviation Administration
considered before a trial over the 2006 plane crash that killed 49
U.S. District Judge Karl Forester overruled the request in a
one-page ruling released Wednesday.
The airline has sued the FAA, which runs the Lexington control
tower, claiming it was partly responsible for the crash because
only one controller was on duty, and that controller had his back
turned when the jet took off from a too-short runway.
Families of the crash victims have sued Comair, the airport
board and contractors for a runway repaving project.
Comair wanted its claims against the FAA to be heard two months
before an August trial to determine liability for the crash. The
motion was opposed by every other party to the lawsuit.
Forester denied the request without comment.