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Virginia tech shooting suits proceed

Balloons are released in front of Burruss Hall during a ceremony for the 32 victims of last Mondays shooting, on the campus of Virginia Tech in Blacksburg, Virginia on April 23, 2007. Cho Seung-Hui, a student at Virginia Tech, went on a shooting spree and killed 32 people on April 16, 2007. Today was the first day of classes since the shooting. (UPI Photo/Kevin Dietsch)
Balloons are released in front of Burruss Hall during a ceremony for the 32 victims of last Mondays shooting, on the campus of Virginia Tech in Blacksburg, Virginia on April 23, 2007. Cho Seung-Hui, a student at Virginia Tech, went on a shooting spree and killed 32 people on April 16, 2007. Today was the first day of classes since the shooting. (UPI Photo/Kevin Dietsch) | License Photo

ROANOKE, Va., Nov. 23 (UPI) -- A lawsuit filed against the president and former vice president of Virginia Tech in the wake of the 2007 shootings may proceed, a judge ruled.

Justice William Alexander of Franklin County ruled Monday in Montgomery County Circuit Court President Charles Steger and former Executive Vice President James Hyatt cannot be considered high-ranking government officials and therefore are not immune from claims of gross negligence, The Roanoke Times reported Tuesday.

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The suit filed by the families of Julie Pryde and Erin Peterson refused a settlement accepted by most of the 33 victims' families and is now scheduled for trial in September.

Although Alexander rejected claims by the Virginia state attorney general's office Steger and Hyatt be granted absolute immunity three times, he also commented the existing law could set legal precedent in the issue, the Times said.

"This is a case the (state) Supreme Court is just going to have to decide and this would be the perfect case to do that," the judge said.

Seung-Hui Cho went on a shooting rampage at Virginia Tech in 2007 killing 33 people and wounding 25 others before killing himself.

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