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Great White seeks removal from fire suit


Members of the rock band whose pyrotechnics ignited a nightclub fire that killed 100 people have asked to be removed from lawsuits filed by survivors and victims' relatives, saying they had no role in setting off the explosives or deciding to use them.

Musicians from Great White are among dozens of defendants sued in federal court for the Feb. 20, 2003, fire at The Station nightclub in West Warwick, which began when a flashy fireworks display at the start of their show set fire to flammable foam used as soundproofing around the stage.

Three of the band members _ Mark Kendall, Eric Powers and David Filice _ maintain in new court papers that they had no managerial duties with the group, had no contact with the owners of the club and did not participate in preparing or lighting the devices.

"They were at the nightclub that evening for one purpose _ to perform music," attorneys for the band members wrote in court papers filed Thursday in U.S. District Court in Providence. "They had no other role in the band's performance at The Station."

The band's lead singer, Jack Russell, is among the defendants but did not join in the motion. Steven Richard, a lawyer for the band, would not comment Friday on why.

But in the lawsuit, Russell faces different claims than his band mates. He is accused of managing many aspects of the band's performances, including its use of pyrotechnics.

The musicians said they learned shortly before the concert from Daniel Biechele, the tour manager who ignited the display, that the explosives would be used. The court papers say the band had no duty to control Biechele's actions.

Filice and Powers are no longer with the band. The band's guitarist, Ty Longley, was killed in the fire. Biechele is serving a four-year prison sentence for setting off the pyrotechnics without a permit.

John Barylick, one of the attorneys for the plaintiffs, said he was skeptical the musicians had such limited responsibilities.

"I find it hard to believe that members of the band were not aware of the use of pyrotechnics at other venues," he said.

Copyright 2007 AP News
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Author:ERIC TUCKER
Publication:AP News
Date:Apr 6, 2007
Words:356
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