Developments in the court case surrounding Duke Nukem Forever have revealed that another Duke Nukem game was – and may still be – under production, and development of Duke Nukem Forever is continuing.Apogee’s response to a suit filed against it by Take-Two Interactive last month states “Apogee, Take-Two, and 2K Games entered into an agreement in which Apogee granted 2K Games the exclusive rights to develop and publish a new videogame based upon Apogee’s Duke Nukem franchise […] The new game was given the working title of ‘Duke Begins’ and is not the same game as the DNF game.”Later points in the document indicate that development on the title has halted. “Upon information and belief, Take-Two and/or its subsidiary 2KGames halted or otherwise cancelled all development work by the third-party developer on the Duke Begins game in April 2009. Any work stoppage […] was without Apogee’s approval or consent [and has] necessarily resulted in a change in the development schedule for the Duke Begins game and has materially harmed Apogee.”However, “When Apogee confronted Take-Two and 2KGames about the cessation or cancellation of the Duke Begins development work […] Take-Two and 2KGames simply denied it.”Draw your own conclusions.Even more interesting is that Duke Nukem Forever may not be as dead as first thought. Another point in the documents reads: “Apogee admits that it has continually worked on the development of the DNF for many years, and continues to do so.” An earlier and related clause states: “Apogee […] admits that on May 6, 2009, due to lack of funding to sustain the high level of development work on the DNF game, it released the majority of its employees working on the development of the DNF game. Apogee denies that it announced it was closing or halting business operations.”You can read the full court filing for yourselves over on GamePolitics.