UPDATE: Midland, TX (Local Big 2 News) - The victims and spouses of victims killed in this accident have since filed suit against Union Pacific and Smith Industries, the company that supplied the semi and employed the driver of the parade float.
The plaintiffs dismissed their request to have the lawsuit held in Dallas.
A judge ruled that the case will be heard in Midland County.
The first hearing is set for September 5, the next is September 12, before the trial on September 26.
The one year anniversary of the Midland train tragedy is this week. During last year's hunt for heroes parade, a Union Pacific train collided with a float carrying several veterans and four of them were killed.
Now, some survivors of the tragedy are taking legal action against Union Pacific, but after Midland's latest city council meeting they may have a setback.
Midland City Council unanimously denied a motion that stopped the law firm representing the veterans from obtaining a permit for the right of way use, that will prevent the law firm from researching the incident in the manner they want.
Midland Mayor, Wes Perry says there is already enough information about the train accident available and this request was not a good enough one to close down some city roads.
“You have to have a pretty good reason to close a road, you’re going to do something downtown and you want the road closed, well they’re going to have to have a good reason to do that, you can’t just well, hey we want to close the road today," said Midland Mayor, Wes Perry.
Rick Leeper, a lawyer representing the veterans says he has no idea why the motion was denied and that he was surprised the city council did not discuss the request with him prior to doing so.
Leeper also says he is not sure how is law firm is going to proceed, but says they will probably find another location to conduct the research.