DATE: Thursday, September 4, 1997           TAG: 9709040463

SECTION: LOCAL                   PAGE: B4   EDITION: FINAL 

SOURCE: BY JOHN-HENRY DOUCETTE, CORRESPONDENT 

DATELINE: NORFOLK                           LENGTH:   42 lines

ONE OF THREE CHARGES THROWN OUT IN SUIT AGAINST PETA THE SUIT WAS FILED AFTER AN UNDERCOVER INVESTIGATION AT A NEW JERSEY LAB.

A federal judge dismissed one of three charges in a civil suit against People for the Ethical Treatment of Animals on Tuesday.

Judge Henry C. Morgan ruled that a federal statute intended to prevent disparagement through unfair advertising does not apply to the case.

He also questioned the strength of the two remaining federal charges stemming from the animal rights group's undercover investigation into a New Jersey research facility.

But he allowed those charges to proceed, at least for now.

In a civil suit against PETA, Huntingdon Life Sciences Inc. of East Millstone, N.J., alleges that PETA violated two counts of a federal racketeering act.

Morgan stopped short of dismissing the remaining federal charges and gave Huntingdon five days to amend its suit, which also charges several violations of New Jersey trade and wiretapping laws.

Morgan said he would not preside over the state charges should the federal charges be dismissed. Since the remaining charges would fall under New Jersey law, the case could be tried there.

``We're just whittling away,'' PETA President Ingrid Newkirk said on the steps of the Norfolk Federal Courthouse after the hearing.

``Every hearing whittles it down even more.''

However, Huntingdon lawyer Stephen Poss said that the case is far from over.

His client's suit stems from an undercover investigation in which Michele Rokke, a 30-year-old PETA employee, took a job at Huntingdon, then gathered information PETA says proves violations of animal welfare regulations.

Huntingdon's suit claims that Rokke's nvestigation was fraudulent and that the following anti-Huntingdon media blitz by PETA damaged the company's image and business.

Poss hinted that his client will pursue PETA in the Garden State should Huntingdon's federal charges stall in federal court here.

``The case will continue,'' Huntingdon lawyer Stephen Poss said. ``PETA still has to answer to what it did.''

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