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News / Sports

NBA asks NY judge to clear obstacle in talks

The Columbian
Published: November 1, 2011, 5:00pm

NEW YORK (AP) — An NBA lawyer has urged a judge to help end a stalemate with the NBA players union by agreeing to consider the legality of its lockout.

The league locked out its players July 1, and NBA Commissioner David Stern already has canceled all November games.

The NBA wants federal Judge Paul Gardephe (Gahr-DAPH-ee) to rule that the NBA’s lockout will not be considered an antitrust violation if the players dissolve their union.

Attorney Jeffrey Mishkin (MIHSH-kin) says the union keeps threatening during negotiations to file antitrust lawsuits. Gardephe questioned during Wednesday’s hearing whether the NBA prematurely asked for a declaration on the lockout’s legality.

The judge says courts historically have recognized that legal threats sometimes are made as part of the posturing of negotiations. He did not immediately rule.

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