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A jury should decide whether Nicollette Sheridan's character was unfairly written out of the hit show "Desperate Housewives," a judge ruled Tuesday.

With the actress looking on, Los Angeles Superior Court Judge Elizabeth Allen White tossed a couple of Sheridan's claims but said there was enough of a dispute about what led to her ouster for the case to go to trial next month.

Sheridan sued ABC and "Housewives" creator and executive producer Marc Cherry in April 2010, claiming he struck her during a fight in September 2008 and subjected her to sexual and other harassment.

Adam Levin, an attorney for the network and Cherry, argued Tuesday that the decision to kill off Sheridan's character, Edie Britt, was made months before her argument with the show executive. He said the decision was made by Cherry and a small group in May 2008 and kept from others on the show to avoid ruining the surprise.

Sheridan's attorney, Mark Baute, disagreed and said the network's justification that it was a cost-cutting move didn't make sense since Sheridan's character was killed off in a car accident in the middle of the season and she was still owed hundreds of thousands of dollars on her contract.

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