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Yet another delay in Minnesota Senate battle

ST. PAUL, Minn. - Republican Norm Coleman will appeal his latest setback in the Minnesota Senate election battle but probably not until next week, his lawyer said yesterday, further stretching out the five-month struggle.

ST. PAUL, Minn. - Republican Norm Coleman will appeal his latest setback in the Minnesota Senate election battle but probably not until next week, his lawyer said yesterday, further stretching out the five-month struggle.

The former senator has 10 days to ask the Minnesota Supreme Court to review Monday's decision, which was in favor of Democrat Al Franken. Coleman lawyer Ben Ginsberg said his team needed time to fully review the decision before filing the appeal.

A three-judge panel ruled unanimously that Franken won 312 more votes than incumbent Coleman in November and should get an election certificate. Franken actually gained more votes from the election challenge than did Coleman, who brought the lawsuit.

Coleman's lawyers contend that counties treated absentee ballots differently, creating constitutional problems.

"We feel [the judges] have misunderstood a number of the issues as well as what's at stake in this case," Ginsberg said.

An appeal could push the race into May or beyond. It's possible for Coleman to initiate an action in federal court, too.

On Monday night, Franken stood outside his Minneapolis condominium building and urged Coleman to give up.

"It's time that Minnesota, like every other state, have two" senators, Franken said. "I would call on Senator Coleman to allow me to get to work for the people of Minnesota as soon as possible."

The state law Coleman sued under merely required three judges to determine who got the most votes and is therefore entitled to an election certificate.

That critical certificate is on hold pending appeal, and Republican Gov. Tim Pawlenty has hedged when asked if he will deliver it after the state courts are finished reviewing the case.