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In an emergency motion filed Monday, the law firm representing the three says the move is necessary in the event of a possible lawsuit.
The law firm, Corboy & Demetrio, says the men all had their sperm collected and stored out of concern their medical conditions or treatments could render them infertile.
In a statement, the foundation acknowledged that the cryogenic storage tank used to store sperm samples and the alarm system malfunctioned and that some samples had been damaged. But it does not address the allegations of the three men.