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Jan 22, 2016 04:59 PM EST

Graham Spanier, Tim Curley, and Gary Schultz no longer face obstruction of justice and conspiracy charges in relation to their handling of the Jerry Sandkusky child molestation scandal that rocked Penn State University in 2011.

A three-judge panel in a Pennsylvania appeals court decided the former administrators' attorney-client privilege was violated when the school's former general council testified against them, according to The Associated Press.

Charges of perjury were also dropped against Spanier, PSU's former president, and Schultz, an ex-vice president at the school. Curley, the former athletic director, still has a charge of perjury against him.

The judges agreed with the three former administrators that argued they believed Cynthia Baldwin was acting as their lawyer after being charged for allegedly covering up Sandusky's crimes. But all three are still being charged with failure to report abuse and endangering the wellbeing of a child.

"Ms. Baldwin did not adequately explain to Curley that her representation of him was solely as an agent of Penn State and that she did not represent his individual interests," wrote Judge Mary Jane Bowes in the panel's ruling. "Although Curley was certainly aware that Ms. Baldwin was general counsel for Penn State, this awareness did not result in Curley knowing that she represented him solely in an agency capacity."

A county judge's initial ruling to allow Baldwin's testimony led to charges against Spanier, Curley, and Schultz in the wake of Sandusky's arrest, The AP noted.

Chuck Ardo, a spokesman for Attorney General Kathleen Kane, the case's prosecutor, said the office is reviewing the ruling and has no comment on the matter. Kane could appeal the ruling to drop some of the charges, The Philadelphia Inquirer reported.

Filed in March, Spanier also has a lawsuit pending against PSU and former FBI director Louis Freeh for defamation, ESPN's "Outside the Lines" reported. Spanier accused Freeh of targeting him for the alleged cover-up in the Freeh Report and certain PSU board members of falsely categorizing his resignation as a termination.

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