The 11-year-old fight over damages for the alleged negligence of airlines and airline security companies in allowing hijackers to seize two airplanes and destroy the World Trade Center is headed back to Southern District Judge Alvin Hellerstein, possibly for a trial.

A divided U.S. Court of Appeals for the Second Circuit Thursday upheld Hellerstein’s finding that World Trade Center leaseholder Larry Silverstein can only recover for the diminution in the value of his leases for five buildings on the site and that any damages must be offset by the insurance monies Silverstein has already recovered.

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