Victims of the 1984 Bhopal gas tragedy have filed an appeal in a higher court here contesting a lower court's decision that Union Carbide Corporation cannot be sued for the ongoing contamination from the chemical plant...The appeal has been filed in the US Court of Appeals for the Second Circuit by the survivors and members of the surrounding community near the plant site in Bhopal inMadhya Pradesh for toxic contamination, along with the property owners whose wells have been fouled by toxins from the plant...The manager who oversaw the construction of the plant confirmed that he worked for UCC, not for the Indian subsidiary that officially operated the plant, the plaintiffs said...Non-governmental organisation EarthRights International said since judges are not supposed to weigh evidence without letting a jury hear the case, the plaintiffs believe that the Second Circuit will correct the error in judgement against UCC...EarthRights had filed the lawsuit in the Southern District of New York on behalf of residents of Bhopal, saying land and water of the citizens are being contaminated by waste from the plant.