The 213 families are going to the top of the legal system because the payment scheme suggested by the government fails to recognise some of them as victims, said Chang Lin, a farmer whose 18-month-old son died in August.

"They haven't given me any compensation. They haven't even recognised that my child died because of melamine," he told AFP by telephone from Chongqing city in southwest China.

At least six children died and nearly 300,000 fell ill with kidney and urinary tract problems last year after drinking milk laced with the chemical, in a scandal that was covered up for several months before coming to light in September.

The industrial chemical, normally used in the manufacture of plastic, was added to watered-down milk to make it appear higher in protein.

Twenty-two Chinese dairy firms were found to have sold the tainted milk and the government ordered them last month to pay a total of 160 million dollars in compensation, to be shared among all families of babies who died or fell ill.

Lin Zheng, a volunteer assisting the families, said the payment was inadequate -- as little as 2,000 yuan (290 dollars) for some parents -- while others will get nothing at all because they are not counted among the victims.

"The families believe that the standards used by the health ministry in calculating the compensation are too low," he said.

The participants in the Supreme Court suit, from 27 provinces and municipalities across China, want a total of 36 million yuan from the dairies, according to Lin.

Families with children who died are asking for between 500,000 and 600,000 yuan, while the parents of children with serious kidney failure want more than 600,000 yuan, he said.

"We're taking into account that these children will spend a very long time with the painful consequences. The medical costs will also be bigger than for children who died," he said.

The families decided to take their case to the Supreme Court after being snubbed by all lower courts they had tried, said Lin.

"Other courts have not accepted the case and haven't even given a reply when the families have approached them," he said.

"We believe that the Supreme Court will at least give an answer in accordance with judicial procedures, even if it decides not to accept the case."

So far the Supreme Court has not replied, he said, adding that under its rules it had seven working days to react, and may not have time before the Lunar New Year next Monday.

Repeated calls by AFP to the Supreme Court on Tuesday were left unanswered.

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