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Judge denies request by Penn State to throw out whistleblower, defamation lawsuit by McQueary

A Pennsylvania judge is allowing a whistleblower and defamation lawsuit against Penn State to go forward.

The suit was filed in October by former assistant football coach Mike McQueary, who testified in the Jerry Sandusky trial.

McQueary claims that statements made in 2011 by then-university president Graham Spanier after charges were filed in the case made McQueary look untruthful.

The university had requested the lawsuit be thrown out, but Judge Thomas Gavin says the claims of "outrageous conduct" on the part of the school are sufficient to keep it alive.

Gavin's decision Tuesday gives the school 20 days to respond.

Penn State spokesman Dave La Torre is declining to comment, and a message seeking comment from McQueary's lawyer wasn't returned.

Spanier faces charges including perjury and obstruction, allegations he denies.

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