Iowa State’s Theta Chi Corporation will not have to face a hearing this February questioning the role it may have played in the death of Harold “Uri” Sellers. William Sellers filed a dismissal without prejudice in his suit against Theta Chi Friday in Story County.

However, the civil lawsuit Sellers filed against Adalante fraternity questioning its possible role in his son’s stabbing death during 1997’s Veishea celebration still is expected to be held in October.

In 1998, Sellers filed two separate lawsuits against Theta Chi and Adalante fraternities claiming their members were liable for his son’s death.

The murder of Uri Sellers occurred on the front lawn of Adelante, 318 Welch Ave., where some members of Theta Chi were residing after the destruction of their house in 1996.

Theta Chi Corporation is a nonprofit organization made up of local ISU alumni who were once members of the fraternity. The corporation is separate from Theta Chi fraternity’s international headquarters, located in Indianapolis, Ind.

Theta Chi’s lawyer, William Wickett, said the dismissal without prejudice was filed because “the defending party believed that there were no genuine facts and issues against the party under the law.”

“The dismissal followed [our] motion of summary judgment,” Wickett said.

Theta Chi’s defense argument was that it cannot be held liable for the death when only individual members of the fraternity were tenants and thus not in control of all the property, Wickett said.

“A dismissal without prejudice allows Sellers the option to file another lawsuit in the future,” Wickett said.

He said another lawsuit by Sellers would have to be filed on or before April 20, 1999 because of the statute of limitations, which ends two years after a death.