A jury trial has been scheduled for Tom and Barbara Diehl’s lawsuit against Fred Weber Inc.

The case will go to trial Monday, Oct. 18, in St. Louis City Circuit Court before Judge David Dowd.

The Diehls filed a four-count lawsuit against Weber in July 2005 after the Missouri Court of Appeals dismissed the company’s $5 million lawsuit against Tom Diehl that March, and after the state Supreme Court refused to hear the company’s case three months later.

Weber sued Diehl in February 2004 for his alleged involvement with fliers that labeled the company “trash terrorists.”

Diehl and hundreds of Oakville residents had opposed Weber’s efforts to construct a trash-transfer station on Baumgartner Road near the company’s south quarry.

The appellate court eventually ruled that the phrase “trash terrorists” was not defamatory, and after Weber’s litigation was dismissed in 2005, the Diehls sued back.

They alleged malicious prosecution, intentional infliction of emotional distress, abuse of process and prima facie tort.

The city circuit court granted summary judgment against Tom Diehl for his malicious prosecution and abuse of process claims, as well as Barbara Diehl’s prima facie tort claim.

The court also dismissed the claim of intentional infliction of emotional distress.

But in an opinion handed down Jan. 26, a panel of appellate judges reversed and remanded the circuit court’s decision to grant summary judgment in favor of Weber on Tom Diehl’s claims of malicious prosecution and abuse of process, and on Barbara Diehl’s claim of prima facie tort.

The state Supreme Court on May 25 denied Weber’s request to transfer the Diehls’ suit from the appellate court.