NTSB to Challenge 787 Battery Tests

The National Transportation Safety Board will publicly question at a news conference planned for Thursday morning in Washington whether the Federal Aviation Administration and Boeing adequately tested the lithium batteries that have caught fire on Dreamliners in the U.S. and Japan, ABC News has learned exclusively from a government source.

The NTSB will say its investigation into the fire on the 787 at Boston's Logan Field showed gaps between what happened with the battery in testing and what happened with the battery confiscated by the NTSB in Boston, a source told ABC News.

The NTSB investigation followed the mid-January announcement that the FAA ordered the grounding of all Boeing 787 Dreamliner jets until their U.S. operator proved that batteries on the planes are safe.

The pre-certification test results were found to be different than what happened during NTSB investigation, the source said. The agency, charged with investigating civil aviation accidents in the U.S., is expected to question whether the Boeing tests certified by the FAA were "robust enough."

The NTSB told ABC News that its investigation is looking at the battery failure and what caused it, as well as the certification processes, emphasizing that the FAA has been "very cooperative in allowing our investigators access to the certification review that they are undertaking on their own."

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Boeing 787 Dreamliner Deemed Safe Despite Mishaps Watch Video

Both the airplane maker and the FAA are responsible for the testing, the government source said.

This morning, the chairwoman of the NTSB, Deborah Hersman, told reporters at a breakfast briefing that the initial investigation into the batteries found "multiple cells where we saw uncontrolled chemical chain reaction," including short circuiting and thermal runaway, "and those features are not what we would have expected to see in a brand new battery, in a brand new airplane.

"We're evaluating assessments that were made, whether or not those assessments were accurate, whether they were complied with and whether more needs to be done," Hersman said. "We want to make sure the design is robust, that the oversight, the manufacturing process, that those are all adequate -- and so that will be a part of our continuing investigation to determine the failure modes, what may have caused it and what can mitigate against that in the future."

The lithium batteries, one power source for the 787, have never before been used in commercial airliners and were a source of concern from the beginning because of they operate at high temperature.

"I would not want to categorically say that these batteries are not safe," Hersman said. "Any new technology, any new design, there are going to be some inherent risks. ... I would say that, in the past, the NTSB have expressed concerns about the risks and recommended mitigation measures."

Hersman added that the fire seen on board the JAL Dreamliner in Boston in "shows us some risks that were not addressed."

In a statement to ABC News, Boeing said: "Lithium ion batteries were selected after a careful review of available alternatives because they best met the performance and design objectives of the 787. We've used them successfully in other applications, such as satellites, for nearly a decade, and they are used on other aircraft, spacecraft and naval vessels.

"With that said," Boeing added, "we constantly challenge our assumptions and decisions across all of our products when new information becomes available. Nothing we learned during the design of the 787 or since has led us to change our fundamental assessment of the technology. It merits emphasis that the 787 has extensive protections in place to ensure the ability for safe flight to continue even in the presence of a battery failure."

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Tunisian government dissolved after critic's killing causes fury

TUNIS (Reuters) - Tunisia's ruling Islamists dissolved the government and promised rapid elections in a bid to restore calm after the killing of an opposition leader sparked the biggest street protests since the revolution two years ago.

The prime minister's announcement late on Wednesday that an interim cabinet of technocrats would replace his Islamist-led coalition came at the end of a day which had begun with the gunning down of Chokri Belaid, a left-wing lawyer with a modest political following but who spoke for many who fear religious radicals are stifling freedoms won in the first of the Arab Spring uprisings.

During the day, protesters battled police in the streets of the capital and other cities, including Sidi Bouzid, the birthplace of the Jasmine Revolution that toppled Zine al-Abidine Ben Ali in January 2011.

In Tunis, the crowd set fire to the headquarters of Ennahda, the moderate Islamist party which won the most seats in an legislative election 16 months ago.

Calls for a general strike on Thursday could bring more trouble though Belaid's family said his funeral, another possible flashpoint, might not be held until Friday.

Prime Minister Hamdi Jebali of Ennahda spoke on television on Wednesday evening to declare that weeks of talks among the various political parties on reshaping the government had failed and that he would replace his entire cabinet with non-partisan technocrats until elections could be held as soon as possible.

It followed weeks of deadlock in the three-party coalition. The small, secular Congress for the Republic, whose leader Moncef Marzouki has served as Tunisia's president, threatened to withdraw unless Ennahda replaced some of its ministers.

Wednesday's events, in which the Interior Ministry said one police officer was killed, appeared to have moved Jebali, who will stay on as premier, to take action.

"After the failure of negotiations between parties on a cabinet reshuffle, I have decided to form a small technocrat government," he said.

"The murder of Belaid is a political assassination and the assassination of the Tunisian revolution," he said earlier.

It was not clear whom he might appoint but the move seemed to be widely welcomed and streets were mostly calm after dark.

A leader in the secular Republican Party gave Jebali's move a cautious welcome.

"The prime minister's decision is a response to the opposition's aspirations," Mouldi Fahem told Reuters. "We welcome it principle. We are waiting for details."

Beji Caid Essebsi, leader of the secular party Nida Touns, who was premier after the uprising, told Reuters: "The decision to form a small cabinet is a belated move but an important one."

DIVISIONS

The widespread protests following Belaid's assassination showed the depth of division between Islamists and secular movements fearful that freedoms of expression, cultural liberty and women's rights were under threat just two years after the popular uprising ended decades of Western-backed dictatorship.

"This is a black day in the history of modern Tunisia. Today we say to the Islamists, 'get out', enough is enough," said Souad, a 40-year-old schoolteacher outside the ministry.

"Tunisia will sink in blood if you stay in power."

Ennahda, like its fellow Islamists in Egypt's Muslim Brotherhood, benefited from a solid organization that survived repression by the old regime.

And as in Egypt, the Islamists have faced criticism from secular leaders that they are trying to entrench religious ideas in the new state. A constitution is still due to be agreed before a parliamentary election which had been expected by June.

Belaid, 48, was shot at close range as he left for work by a gunmen who fled on the back of a motorcycle. Within hours, crowds were battling police, hurling rocks amid volleys of tear gas in scenes reminiscent of clashes in Egypt last month.

World powers, increasingly alarmed at the extent of radical Islamist influence and the bitterness of the political stalemate, urged Tunisians to reject violence and see through the move to democracy they began two years ago, when their revolution ended decades of dictatorship and inspired fellow Arabs in Egypt and across North Africa and the Middle East.

As in Egypt, the rise to power of political Islam through the ballot box has prompted a backlash among less organized, more secular political movements in Tunisia. Belaid, who made a name for himself by criticizing Ben Ali, led a party with little electoral support but his vocal opinions had a wide audience.

The day before his death he was publicly lambasting a "climate of systematic violence". He had blamed tolerance shown by Ennahda and its two, smaller secularist allies in the coalition government toward hardline Salafists for allowing the spread of groups hostile to modern culture and liberal ideas.

On Wednesday, thousands demonstrated in cities including Mahdia, Sousse, Monastir and Sidi Bouzid, the cradle of the revolution, where police fired tear gas and warning shots at protesters who set cars and a police station on fire.

While Belaid's nine-party Popular Front bloc has only three seats in the constituent assembly, the opposition jointly agreed to pull its 90 or so members out of the body, which is acting as parliament and writing the new post-revolution charter. Ennahda and its fellow ruling parties have some 120 seats.

Since the uprising, Tunisia's new leaders have faced many protests over economic hardship and political ideas; many have complained that hardline Salafists may hijack the revolution.

Last year, Salafist groups prevented several concerts and plays from taking place in Tunisian cities, saying they violated Islamic principles. Salafists also ransacked the U.S. Embassy in September, during international protests over an Internet video.

The embassy issued a statement condemning Belaid's killing and urging justice for his killers: "There is no justification for this heinous and cowardly act," it said. "Political violence has no place in the democratic transition in Tunisia."

ECONOMIC TROUBLES

Declining trade with the crisis-hit euro zone has left the 11 million Tunisians struggling to achieve the better living standards many had hoped for following Ben Ali's departure.

Its compact size, relatively skilled workforce and close ties with former colonial power France and other European neighbors across the Mediterranean has raised hopes that Tunisia can set an example of economic progress for the region.

Lacking the huge oil and gas resources of North African neighbors Libya and Algeria, Tunisia counts tourism as a major currency earner and further unrest could scare off visitors vital to an industry only just recovering from the revolution.

Jobless graduate Mohamed Bouazizi set himself on fire in December 2010 in the city, 300 km (180 miles) southwest of Tunis, after police confiscated his unlicensed fruit cart, triggering the uprising that forced Ben Ali to flee to Saudi Arabia less than a month later, on January 14, 2011.

President Moncef Marzouki, who last month warned the tension between secularists and Islamists might lead to "civil war", cancelled a visit to Egypt scheduled for Thursday and cut short a trip to France, where he addressed the European Parliament.

"There are political forces inside Tunisia that don't want this transition to succeed," Marzouki said in Strasbourg. "When one has a revolution, the counter revolution immediately sets in because those who lose power - it's not only Ben Ali and his family - are the hundreds of thousands of people with many interests who see themselves threatened by this revolution."

Belaid, who died in hospital, said this week dozens of people close to the government had attacked a Popular Front group meeting in Kef, northern Tunisia, on Sunday. He had been a constant critic of the government, accusing it of being a puppet of the rulers of wealthy Gulf emirate Qatar.

DENIES INVOLVEMENT

Human Rights Watch called his murder "the gravest incident yet in a climate of mounting violence".

Ennahda leader Rached Ghannouchi denied any involvement by his party in the killing.

"Is it possible that the ruling party could carry out this assassination when it would disrupt investment and tourism?" Ghannouchi told Reuters.

He blamed those seeking to derail Tunisia's democratic transition: "Tunisia today is in the biggest political stalemate since the revolution. We should be quiet and not fall into a spiral of violence. We need unity more than ever," he said.

He accused opponents of stirring up sentiment against his party following Belaid's death. "The result is burning and attacking the headquarters of our party in many areas," he said.

Witnesses said crowds had also attacked Ennahda offices in Sousse, Monastir, Mahdia and Sfax.

French President Francois Hollande said he was concerned by the rise of violence in Paris's former dominion, where the government says al Qaeda-linked militants linked to those in neighboring countries have been accumulating weapons with the aim of creating an Islamic state across North Africa.

"This murder deprives Tunisia of one of its most courageous and free voices," Hollande's office said in a statement.

(Additional reporting by John Irish in Paris; Writing by Alison Williams and Alastair Macdonald; Editing by Giles Elgood)

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Canadians protest Tunisian opposition chief's death

MONTREAL: Hundreds of people gathered late Wednesday in Montreal to express their outrage over the shooting death of Tunisian opposition leader Chokri Belaid.

The protesters, mostly youths, held candles and some wrapped themselves in Tunisian flags under bitterly cold temperatures.

The Tunisian Collective of Canada, which backed the Arab Spring movement that triggered the fall of dictator Zine El Abidine Ben Ali's regime two years ago, accused Tunisia's current government of failing to "combat corruption and criminals."

"Tunisian justice remains hostage to executive power," the group said, calling on the government to conduct a thorough investigation into Belaid's death.

Belaid, whose funeral will be on Friday after the main weekly prayers, was a populist known for his iconic smile and black moustache.

A lawyer who spoke with the working class accent of northwestern Tunisia, he defended human rights, was jailed under Ben Ali and ex-president Habib Bourguiba, and was a member of executed Iraqi dictator Saddam Hussein's defence team.

His death sparked deadly protests, attacks on offices of the ruling Islamist Ennahda party and pledges for a new government of technocrats.

- AFP/xq

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Harish Rawat asks Uttarakhand CM for CBI probe into 2010 Mahakumbh scam

DEHRADUN: Union minister for water resources Harish Rawat on Wednesday asked chief minister of Uttarakhand Vijay Bahuguna to recommend a CBI probe into the alleged misappropriation of Rs.500 crores released by the previous BJP state government for preparations of the 2010 Mahakumbh in Haridwar.

Talking to reporters in Haridwar, Rawat said an impartial probe by CBI will help bring the culprits to light.

Rawat also accused senior office-bearers of VHP of reviving the Ayodhya temple issue for political mileage in view of upcoming Lok Sabha polls.

"But as voters are fully aware of such political tricks, they no longer can not be misled," Rawat said.

He also asked Bahuguna to ensure Roorkee and Udham Singh Nagar civic bodies are upgraded from municipal board to municipal corporations at the earliest.

Rawat said timely upgradation of these civic bodies will help boost industrial and other development activities considerably in the two tarai districts.

"It is always good for a chief minister to announce sops for development but these announcements should be implemented in a right spirits," Rawat said.

Referring to Bahuguna's announcement to convert Piran Kaliyar in Roorkee into a tourist destination, Rawat asked him to ensure that an order is issued at the earliest. Rawat said once an order is issued, development activities will pick up.

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New whooping cough strain in US raises questions

NEW YORK (AP) — Researchers have discovered the first U.S. cases of whooping cough caused by a germ that may be resistant to the vaccine.

Health officials are looking into whether cases like the dozen found in Philadelphia might be one reason the nation just had its worst year for whooping cough in six decades. The new bug was previously reported in Japan, France and Finland.

"It's quite intriguing. It's the first time we've seen this here," said Dr. Tom Clark of the Centers for Disease Control and Prevention.

The U.S. cases are detailed in a brief report from the CDC and other researchers in Thursday's New England Journal of Medicine.

Whooping cough is a highly contagious disease that can strike people of any age but is most dangerous to children. It was once common, but cases in the U.S. dropped after a vaccine was introduced in the 1940s.

An increase in illnesses in recent years has been partially blamed on a version of the vaccine used since the 1990s, which doesn't last as long. Last year, the CDC received reports of 41,880 cases, according to a preliminary count. That included 18 deaths.

The new study suggests that the new whooping cough strain may be why more people have been getting sick. Experts don't think it's more deadly, but the shots may not work as well against it.

In a small, soon-to-be published study, French researchers found the vaccine seemed to lower the risk of severe disease from the new strain in infants. But it didn't prevent illness completely, said Nicole Guiso of the Pasteur Institute, one of the researchers.

The new germ was first identified in France, where more extensive testing is routinely done for whooping cough. The strain now accounts for 14 percent of cases there, Guiso said.

In the United States, doctors usually rely on a rapid test to help make a diagnosis. The extra lab work isn't done often enough to give health officials a good idea how common the new type is here, experts said.

"We definitely need some more information about this before we can draw any conclusions," the CDC's Clark said.

The U.S. cases were found in the past two years in patients at St. Christopher's Hospital for Children in Philadelphia. One of the study's researchers works for a subsidiary of Johnson & Johnson, which makes a version of the old whooping cough vaccine that is sold in other countries.

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JournaL: http://www.nejm.org

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White House: Drone Strikes on Americans 'Legal'

Feb 5, 2013 3:54pm

The White House today defended the use of targeted drone strikes against U.S. citizens abroad suspected of high-level terrorist activity, but declined to detail the criteria for ordering such an attack.

“Sometimes we use remotely piloted aircraft to conduct targeted strikes against specific al Qaeda terrorists in order to prevent attacks on the United States and to save American lives,” White House Press Secretary Jay Carney told reporters.

“We conduct those strikes because they are necessary to mitigate ongoing actual threats, to stop plots, to prevent future attacks and, again, save American lives. These strikes are legal, they are ethical, and they are wise,” he said.

U.S. Air Force

Administration lawyers found it is lawful to kill an American citizen if a “high-level” government official believes the target is an operational leader of al Qaeda who poses “an imminent threat of violent attack against the United States” and if capture is infeasible, according to a newly disclosed Justice Department document.

The 16-page white paper, first obtained by NBC News, finds there “exists no appropriate judicial forum to evaluate these constitutional considerations” and that the administration does not need to present evidence to a court before or after ordering such an attack.

“The condition that an operational leader present an ‘imminent’ threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future,” the document reads.

Carney repeatedly declined to discuss the details of the white paper.

“I would point you to the ample judicial precedent for the idea that someone who takes up arms against the United States in a war against the United States is an enemy and therefore could be targeted accordingly,” he told ABC News’ Jon Karl.

“[The president] takes his responsibility as commander in chief to protect the United States and its citizens very seriously. He takes the absolute necessity to conduct our war against al Qaeda and its affiliates in a way that’s consistent with the Constitution and our laws very seriously,” he said.

The white paper is believed to be a summary of the reported classified memo that outlined the legal justification for the drone attack that killed American-born radical cleric Anwar al-Awlaki in September 2011.

The American Civil Liberties Union has called the newly discovered document “profoundly disturbing.”

“It’s hard to believe that it was produced in a democracy built on a system of checks and balances. It summarizes in cold legal terms a stunning overreach of executive authority — the claimed power to declare Americans a threat and kill them far from a recognized battlefield and without any judicial involvement before or after the fact,” ACLU National Security Project director Hina Shamsi said in a written statement.

The Obama administration has carried out more than 300 CIA drown strikes in Pakistan, far more than his predecessor, President George W. Bush, according to the Bureau of Investigative Journalism.

Pressure is building from Capitol Hill for the White House to outline its legal authority to kill American citizens in counterterrorism operations.

“It is vitally important… for Congress and the American public to have a full understanding of how the executive branch interprets the limits and boundaries of this authority,” a group of eleven bipartisan Senators wrote in a letter to the president Monday, “so that Congress and the public can decide whether this authority has been properly defined, and whether the President’s power to deliberately kill American citizens is subject to appropriate limitations and safeguards.”

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Iran's Ahmadinejad kissed and scolded in Egypt

CAIRO (Reuters) - Mahmoud Ahmadinejad was both kissed and scolded on Tuesday when he began the first visit to Egypt by an Iranian president since Tehran's 1979 Islamic revolution.

The trip was meant to underline a thaw in relations since Egyptians elected an Islamist head of state, President Mohamed Mursi, last June. But it also highlighted deep theological and geopolitical differences.

Mursi, a member of the Sunni Muslim Brotherhood, kissed Ahmadinejad after he landed at Cairo airport and gave him a red carpet reception with military honors. Ahmadinejad beamed as he shook hands with waiting dignitaries.

But the Shi'ite Iranian leader received a stiff rebuke when he met Egypt's leading Sunni Muslim scholar later at Cairo's historic al-Azhar mosque and university.

Sheikh Ahmed al-Tayeb, head of the 1,000-year-old seat of religious learning, urged Iran to refrain from interfering in Gulf Arab states, to recognize Bahrain as a "sisterly Arab nation" and rejected the extension of Shi'ite Muslim influence in Sunni countries, a statement from al-Azhar said.

Visiting Cairo to attend an Islamic summit that begins on Wednesday, Ahmadinejad told a news conference he hoped his trip would be "a new starting point in relations between us".

However, a senior cleric from the Egyptian seminary, Hassan al-Shafai, who appeared alongside him, said the meeting had degenerated into an exchange of theological differences.

"There ensued some misunderstandings on certain issues that could have an effect on the cultural, political and social climate of both countries," Shafai said.

"The issues were such that the grand sheikh saw that the meeting ... did not serve the desired purpose."

The visit would have been unthinkable during the rule of Hosni Mubarak, the military-backed autocrat who preserved Egypt's peace treaty with Israel during his 30 years in power and deepened ties between Cairo and the West.

"The political geography of the region will change if Iran and Egypt take a unified position on the Palestinian question," Ahmadinejad said in an interview with Al Mayadeen, a Beirut-based TV station, on the eve of his trip.

He said he wanted to visit the Gaza Strip, the Palestinian territory which neighbors Egypt to the east and is run by the Islamist movement Hamas. "If they allow it, I would go to Gaza to visit the people," Ahmadinejad said.

Analysts doubt that the historic changes that brought Mursi to power will result in a full restoration of diplomatic ties between states whose relations were broken off after the conclusion of Egypt's peace treaty with Israel in 1979.

OBSTACLES TO FULL TIES

At the airport the two leaders discussed ways of improving relations and resolving the Syrian crisis "without resorting to military intervention", Egyptian state media reported.

Egypt is concerned by Iran's support for Syrian President Bashar al-Assad, who is trying to crush an uprising inspired by the revolt that swept Mubarak from power two years ago. Egypt's overwhelmingly Sunni Muslim population is broadly supportive of the uprising against Assad's Alawite-led administration.

Egyptian Foreign Minister Mohamed Kamel Amr sought to reassure Gulf Arab allies - that are supporting Cairo's battered state finances and are deeply suspicious of Iran - that Egypt would not jeopardize their security.

"The security of the Gulf states is the security of Egypt," he said in remarks reported by the official MENA news agency.

Mursi wants to preserve ties with the United States, the source of $1.3 billion in aid each year to the influential Egyptian military.

"The restoration of full relations with Iran in this period is difficult, despite the warmth in ties ... because of many problems including the Syrian crisis and Cairo's links with the Gulf states, Israel and the United States," said one former Egyptian diplomat.

Iranian Foreign Minister Ali Akbar Salehi said he was optimistic that ties could grow closer.

"We are gradually improving. We have to be a little bit patient. I'm very hopeful about the expansion of the bilateral relationship," he told Reuters. Asked where he saw room for closer ties, he said: "Trade and economics."

Egypt and Iran have taken opposite courses since the late 1970s. Egypt, under Mubarak's predecessor Anwar Sadat, concluded a peace treaty with Israel in 1979 and became a close ally of the United States and Europe. Iran from 1979 turned into a center of opposition to Western influence in the Middle East.

Symbolically, Iran named a street in Tehran after the Islamist who led the 1981 assassination of Sadat.

Egypt gave asylum and a state funeral to Iran's exiled Shah Reza Pahlavi, who was overthrown in the 1979 Iranian revolution. He is buried in a mosque beside Cairo's mediaeval Citadel alongside his ex-brother-in-law, Egypt's last king, Farouk.

(Additional reporting by Ayman Samir, Marwa Awad and Alexander Diadosz; Writing by Paul Taylor and Tom Perry; Editing by Andrew Roche and Robin Pomeroy)

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8.0 quake strikes off Solomon Islands

WASHINGTON: A major magnitude 8.0 earthquake struck off the Solomon Islands in the Pacific Ocean and a tsunami warning was issued for South Pacific islands, US officials said.

The US Geological Survey said the quake struck at 0112 GMT near the Santa Cruz Islands, which are part of the Solomon Islands nation, with a depth of 3.6 miles (5.8 kilometers). The Pacific Tsunami Warning Center warned that the large quake could trigger a "destructive tsunami" near the epicenter.

- AFP/ck

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15 dip hands in hot oil to prove loyalty in Gujarat

SABARKANTHA (Gujarat): Fifteen persons received burn injuries after they dipped their hands in hot oil to convince a candidate, who lost in panchayat elections, that they had voted for him, police said.

The candidate, identified as Girish Parmar, has been detained, police said.

The incident took place at Derai village of Bayad taluka this evening after counting of votes for the district panchayat, gram panchayat and nagarpalika elections got over.

"Fifteen persons received injuries after they dipped their hands in hot oil to prove to the lost candidate of their community that they had voted for him. We have already nabbed the candidate," Sabarkantha superintendent of police Chirag Koradiya told PTI.

"We will lodge a complaint against the candidate though none of the persons, who received injuries, is coming forward to register the complaint as they all belong to one community," he said.

"This is a superstition followed in the village to convince a candidate of their community that they voted for him," he added.

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Critics seek to delay NYC sugary drinks size limit

NEW YORK (AP) — Opponents are pressing to delay enforcement of the city's novel plan to crack down on supersized, sugary drinks, saying businesses shouldn't have to spend millions of dollars to comply until a court rules on whether the measure is legal.

With the rule set to take effect March 12, beverage industry, restaurant and other business groups have asked a judge to put it on hold at least until there's a ruling on their lawsuit seeking to block it altogether. The measure would bar many eateries from selling high-sugar drinks in cups or containers bigger than 16 ounces.

"It would be a tremendous waste of expense, time, and effort for our members to incur all of the harm and costs associated with the ban if this court decides that the ban is illegal," Chong Sik Le, president of the New York Korean-American Grocers Association, said in court papers filed Friday.

City lawyers are fighting the lawsuit and oppose postponing the restriction, which the city Board of Health approved in September. They said Tuesday they expect to prevail.

"The obesity epidemic kills nearly 6,000 New Yorkers each year. We see no reason to delay the Board of Health's reasonable and legal actions to combat this major, growing problem," Mark Muschenheim, a city attorney, said in a statement.

Another city lawyer, Thomas Merrill, has said officials believe businesses have had enough time to get ready for the new rule. He has noted that the city doesn't plan to seek fines until June.

Mayor Michael Bloomberg and other city officials see the first-of-its-kind limit as a coup for public health. The city's obesity rate is rising, and studies have linked sugary drinks to weight gain, they note.

"This is the biggest step a city has taken to curb obesity," Bloomberg said when the measure passed.

Soda makers and other critics view the rule as an unwarranted intrusion into people's dietary choices and an unfair, uneven burden on business. The restriction won't apply at supermarkets and many convenience stores because the city doesn't regulate them.

While the dispute plays out in court, "the impacted businesses would like some more certainty on when and how they might need to adjust operations," American Beverage Industry spokesman Christopher Gindlesperger said Tuesday.

Those adjustments are expected to cost the association's members about $600,000 in labeling and other expenses for bottles, Vice President Mike Redman said in court papers. Reconfiguring "16-ounce" cups that are actually made slightly bigger, to leave room at the top, is expected to take cup manufacturers three months to a year and cost them anywhere from more than $100,000 to several millions of dollars, Foodservice Packaging Institute President Lynn Dyer said in court documents.

Movie theaters, meanwhile, are concerned because beverages account for more than 20 percent of their overall profits and about 98 percent of soda sales are in containers greater than 16 ounces, according to Robert Sunshine, executive director of the National Association of Theatre Owners of New York State.

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