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http://www.villagevoice.com/blogs/powerplays/archives/002322.php

A federal judge on Thursday dismissed a lawsuit charging that the city's Office of Emergency Management helped cause the collapse of Seven World Trade Center on 9-11 by storing diesel fuel for its emergency generators in the 47-story building.

The Port Authority and developer Larry Silverstein are still on the hook in the suit, which was filed by insurers for Con Edison, which had a substation under WTC7 that was severely damaged.
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WTC7 was the last building to fall on 9-11. No one was killed there. Compared to the twin towers it was a relative nobody among New York skyscrapers, but it has enjoyed posthumous notoriety because of the mystery of why exactly it fell. Thanks to the neat and sudden collapse of the building, WTC7 is central to alternative theories about what happened on 9-11—and particularly to the notion that the buildings in lower Manhattan were brought down by planned demolitions.

Mainstream inquiries also find puzzlement on WTC 7. The national investigation of Ground Zero building collapses has yet to issue its final report on building seven. An earlier study by the Federal Emergency Management Agency punted on trying to explain the collapse definitively. Not struck by planes, WTC7 appears to have collapsed solely because of fire—apparently a first for a steel-framed skyscraper. The diesel fuel was the most likely culprit, even though FEMA said this "best hypothesis has only a low probability of occurrence." The city's OEM command center used a 6,000-gallon diesel tank; this was one of several in the building. Hellestein's ruling doesn't delve into whether the diesel fuel caused the collapse, or if it was a particularly bright idea to have it there, but finds that the city is immune under a state law, the New York Defense Emergency Act:
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The Port Authority argued it should be cut out of the suit, partly on the grounds that the decision by FDNY to stop fighting the fire in WTC7 was the reason it collapsed, not the diesel tanks.
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