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Soldier's representative drops out of case against deputy

Tuesday, October 13, 2009
(Updated 5:02 pm)

GREENSBORO (AP) — A federal judge said representatives for a soldier killed during a 2002 Special Forces training exercise are no longer involved in a lawsuit.

U.S. District Court Judge William Osteen said today that representatives of Tallas Tomeny would no longer participate in the case. Attorneys declined to immediately discuss why.

Jury selection started Tuesday in the civil trial against a sheriff's deputy who shot two soldiers during a role-playing exercise called Robin Sage. The maneuver completes the Special Forces training at nearby Fort Bragg.

Stephen Phelps is continuing his lawsuit alleging excessive force by Moore County deputy Randall Butler.

Butler has filed a separate lawsuit, saying the Army failed to inform others about the training.

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