EAST PALESTINE — The appeal of last year’s $600 million settlement between Norfolk Southern and residents impacted by the Feb. 3, 2023, derailment and chemical spill is dead in the water, a brief filed in Cincinnati’s Sixth Court on behalf of appellees insists.

“Some cases present thorny questions about unsettled law and its application to unclear facts. This is not one of those cases,” the brief stated. “The rules concerning jurisdictional filing deadlines are open-and-shut, and so is this appeal.”

The brief answers a motion filed by David Graham — the attorney representing the five residents appealing the settlement — that asked the court for oral arguments and a reduction or elimination of a nearly million dollar bond that Rev. Joseph Sheely, Zsuzsa Troyan, Tamara Freeze, Sharon Lynch

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