Families of nine FDNY firefighters who died on Sept. 11, 2001, have asked the U.S. Second Circuit Court of Appeals to review last year’s decision by a district court judge to dismiss their case against Motorola and city of New York.

In the case, the families claimed that the firefighters were unable to hear orders to evacuate the World Trade Center before it collapsed because the FDNY radio system the city purchased from Motorola was faulty. Last year, Judge Alvin Hellerstein dismissed the case, noting that the families relinquished their right to civil action in the case by filing a claim with the Victim Compensation Fund established by Congress.

Richard Salem, lead counsel for the victims’ families, has said the families do not believe Congress intended for the Victim Compensation Fund to protect wrongdoers, which is how Motorola and the city of New York are characterized in the case.

“This is an uphill battle, but these families believe they certainly deserve their day in Court,” Salem said in a prepared statement.