ROME, Ga., Aug. 22 (AP) - A lawsuit filed by nearly 1,700 relatives of people whose bodies were found scattered across a crematory's property in 2002 goes to trial on Monday.

The lawsuit was filed against the operator of Tri-State Crematory, Brent Marsh, and the estate of Mr. Marsh's father, Ray Brent Marsh, who owned the crematory.

Investigators found heaps of decaying bodies from Georgia, Alabama and Tennessee that were supposed to have been cremated. Complete and partial human remains were found in storage buildings, in burial vaults, in pits and in the forest surrounding the crematory, in Noble, near the Tennessee line.

Tests revealed that the crematory had given some families cement dust instead of their relatives' ashes.

A plaintiff, Anthony Schuchman, said he was seeking about $1,500 for the cost of cremating his son and the cost of digging up his son's grave in an unsuccessful effort to find a body part large enough to be identified. The son, Gilbert Schuchman, died Dec. 29, 1992, and was supposedly cremated at Tri-State.

"We don't know if that's him or not," said Mr. Schuchman, 85.

Lawyers for the 1,671 plaintiffs say it will be more difficult to collect money from Mr. Marsh than to convince a jury of his guilt.

"It's probably about as strong a case against Brent Marsh as you can possibly have," said Robert Darroch, a lawyer for the families. "Most of them are still incredibly emotional about what happened. This ruined the memory about the passing of one of their loved ones."

A separate lawsuit went to trial last spring. It lasted about two weeks before all 58 funeral homes named as defendants for sending bodies to the crematory from 1988 to 2002 reached settlements totaling $36 million.

The lawsuit does not specify how much money the families are seeking from Mr. Marsh. This trial will determine only liability. If a guilty verdict is reached, a second trial a few months later will award damages.

Mr. Marsh's lawyers say they will concentrate on trying to show that the estate of Ray Brent Marsh should not bear any responsibility. They say there is no proof of negligence before Jan. 11, 1997, the earliest date of death for any of the identified bodies recovered from the property, and the younger Mr. Marsh ran the crematory after that date.

"We're really trying to show Ray Brent Marsh did the cremations the way he was supposed to," said Frank Jenkins, a defense lawyer. "But it's not like we're in any way pointing the finger at Brent Marsh."

If the families get a guilty verdict, they will then most likely try to get the Marshes' insurance company, Georgia Farm Bureau, to pay.

Georgia Farm Bureau agreed to pay for the Marshes' defense but not assume liability, but at least two lawsuits are pending over the existence of insurance and whether the company would bear any responsibility.

Mr. Marsh faces 787 charges in a criminal trial set for Oct. 11.

I can't actually believe that. How could you do something that cruel? All those families now are looking up at what? Cement dust? That sounds really, really sad. I can't believe that at all, sorry. That's just too sad.

I remember this news item. I was totally shocked by it. I find it amazing what people will do for money, I really do.

This has been local news for a while now. He still thinks he did nothing wrong. His lawyer wants a lot of the charges dropped. But the number was suppose to be closer to 400 bodys recovered.

And it is so grisly in concept.... AND he got away with it for quite a while. I shudder to think what they found when they first raided the place.

it doesn't bear thinking about ed

I remember something similar happening here in Aus. a few years ago. Well what do you people expect? Cemeteries have to make money too you know. Dodginess is bound to creep in.

Esq, the thig is, the guy was PAYed to cremate the bodies. He stole the money by not providing the service. And he compounded the problem by discarding the bodies in the woods, and giving ash and cement dust as if it were the human ashes.

He also charged quite a lot for it too, which is the major thing. I don't think it costs that much to chuck a body into the fire and recover the ashes and put those into a nice vase. I wouldn't cremate my family, I'd proper bury them, but for those who took the cremating choice, it must really be a hard time.

The case (or another similar) must be well known in the States. The same story is part of the plot in a CSI-Las Vegas-serial. I saw it a couple of weeks ago on German TV.
In another CSI-story a company recycled the coffins/caskets. Good deal - almost as profitable as smuggling artefacts. Ehheem, sorry

Final - Exactly; the individual in question makes more money, and they choose not to run the incinerator.

@Zazie: Let me guess, RTL at some dodgy evening on a weekday? Wouldn't surprise me CSI isn't that bad here after all and, er...yeah, thats it.

@Kendo: no, VOX.
Off Off Topic : I confess being a CSI-Las Vegas-fan (CSI-Miami though is crap).

Oh, Vox, right, yeah. Theres that dodgy cooking show and that dodgy other show every day. They're right next to each other. Btw, do you live in germany then? And when does this run? I gotta see it!