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Hearing set on PSU request to dismiss the NCAA lawsuit

on April 18, 2013 10:40 AM

HARRISBURG (AP) — Lawyers for the NCAA and Gov. Tom Corbett have been summoned to a federal courtroom in Harrisburg to argue about a motion seeking to dismiss Corbett’s antitrust lawsuit against college sports’ governing body.

U.S. District Judge Yvette Kane on Tuesday scheduled oral argument for May 1, nearly four months after the Republican governor filed a lawsuit over the NCAA’s penalties against Penn State.

The NCAA has argued that its consent decree with Penn State, generated by the school’s handling of the Jerry Sandusky child molestation scandal, does not violate federal antitrust law and actually improves competition in college sports. Penn State is not a party to the lawsuit.

Corbett’s lawsuit accuses the NCAA of exploiting the Sandusky case to increase the power of the organization’s president and help some universities gain a competitive advantage.

In asking for oral argument, the NCAA said Kane could decide the case based on its motion to dismiss.

Corbett’s general counsel, James D. Schultz, released a statement expressing confidence in the lawsuit’s merits. The NCAA offered no immediate comment.

Kane is also handling a lawsuit by the NCAA against Corbett and other state officials.

That suit challenges a new state law that requires the $60 million in penalties paid by Penn State remain within the state. The NCAA on Monday filed a motion that argues that lawsuit should not be dismissed.

In the pending criminal case against three former Penn State administrators accused of covering up complaints about Sandusky, retired university administrator Gary Schultz filed a motion Wednesday asking to have records in his case unsealed.

The next step in his criminal case isn’t clear. Schultz, former president Graham Spanier and former athletic director Tim Curley are awaiting a preliminary hearing.

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