Two former employees of the All-American Rathskeller who are being sued for $60,000 in alleged unpaid legal fees from a 2003 involuntary manslaughter trial said they believed the money was a business transaction and not a loan, according to court documents.

Christopher and Jason Rosengrant were charged, but then acquitted of involuntary manslaughter charges in December 2004 stemming from the October 2003 death of Penn State junior Salvador Peter Serrano.

The Rosengrants restrained Serrano during an argument in front of the Rathskeller, 108 S. Pugh St., during which Serrano passed out and suffocated in his own vomit.

Gerard "Duke" Gastiger, owner of the Rathskeller, is suing both of the Rosengrants for allegedly failing to repay him a $60,000 loan he had used to hire attorney Robert Munley for the 2004 trial, according to court documents.

In a formal response to Gastiger's lawsuit, James Bryant, the Rosengrants' attorney, said the brothers were told Gastiger paid the legal fees as "a legitimate business expense" because the Rosengrants were employees of the bar at the time.

Bryant could not be reached for comment by press time yesterday.

According to court documents, Christopher Rosengrant said the brothers refused to sign any loan documents and have not repaid any money to Gastiger.

The original lawsuit states that the Rosengrants have paid Gastiger $2,800.

Christopher Rosengrant said he gave Gastiger $1,000 when he left employment at the Rathskeller because he felt bad for leaving, according to court documents.

According to the response, when Gastiger asked Christopher Rosengrant to repay the money, Rosengrant said "He would be damned if he repaid anything, but if he was going to repay anything, which he didn't think he would, he would repay one-half."

Gastiger's attorney, Robert Rayman, could not be reached for comment by press time.