An attorney is seeking a court order to question Pope Benedict XVI in an ongoing Church sex abuse case.

Louisville attorney William McMurry says because the Pope is 81-years-old, he may not be available to give testimony later in the case.

The request comes in a suit brought by three men alleging the Vatican of orchestrating a cover up of priests sexually abusing children.

McMurry is seeking class-action status, saying there are thousands of victims nationally.

The case is being considered by the U.S. Sixth Circuit Court of Appeals in Cincinnati.