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Wednesday, December 12
 
Players, owners fail to reach deal Tuesday

Associated Press

BOSTON -- Talks dragged on for a third straight day Wednesday as lawyers for baseball players and owners tried to put a deal in writing that would ensure no teams are eliminated for next season.

There appeared to be little -- if anything --_ of substance keeping the sides apart. But the lawyers, meeting in New York, kept on disagreeing over proposed drafts of the deal, which would ensure the Minnesota Twins and Montreal Expos -- the teams most likely to be eliminated -- would play in 2002.

The union's grievance to block contraction remained on hold as arbitrator Shyam Das waited to find out if the hearing would resume. The sides will talk again Thursday.

Owners want the union to acknowledge management unilaterally has the right to fold franchises. Owners say they would bargain over the effects of contraction, such as a dispersal draft of players.

Commissioner Bud Selig's plan to fold franchises was put on hold by the Minnesota courts, which issued an injunction that forces the Twins to play next year at the Metrodome. Baseball's lawyers failed to get an accelerated review by Minnesota's Supreme Court, and the injunction remains in force until at least Dec. 27, when the Minnesota Court of Appeals holds a hearing.

On Tuesday, U.S. District Judge Robert L. Hinkle in Tallahassee, Fla., refused to temporarily block subpoenas by Florida Attorney General Bob Butterworth, who says he is concerned the Florida Marlins and Tampa Bay Devil Rays are targets for elimination.

Baseball, the Marlins and Tampa Bay have until Thursday to turn over all studies, research and reports relating to contraction and any documents on the Nov. 6 meeting where owners voted to eliminate two teams.

"We want the documents," said Trish Conners, a lawyer in the attorney general's office. "They are keeping us in the dark about something that has tremendous economic impact in Florida."

Hinkle scheduled a Dec. 18 hearing on the broader issue of whether the state can look into baseball's plans or whether it is exempt from Florida's antitrust laws -- and therefore immune to Butterworth's inquiry.

Bob DuPuy, baseball's chief legal officer, maintained that the judge's decision meant baseball was not required to turn over any documents before next week's hearing.

"We're not required to turn anything over and we're not going to give them anything," DuPuy said in New York.

In court, Selig's attorneys cited the 1922 U.S. Supreme Court decision creating baseball's antitrust exemption.

"Baseball is protected, exempted and immunized from the application of Florida's antitrust laws," argued baseball lawyer Mary K. Braza. "We should have the right to be left alone without threats and the investigations into antitrust laws of Florida or any other state."

Lawyers for Butterworth said they'd go to a state judge to compel compliance if the commissioner's office and teams don't turn over documents by Thursday.

In St. Paul, Minn., Minnesota Attorney General Mike Hatch used Selig's past comments against him Tuesday in a brief urging the state Court of Appeals to uphold the injunction.

Hatch quoted Selig's past testimony before Congress, recounting his efforts to keep the Milwaukee Braves from relocating. Selig was co-chairman of the local campaign trying to stop the team from moving.

"I was deeply offended and personally affected by what I consider to be a flagrant breach of that special covenant baseball had with its fans when the Braves were allowed to move from Milwaukee to Atlanta in 1966," Selig said before Congress in 1992.

The Braves played the 1965 season under an injunction, then moved to Atlanta.

In Washington, Rep. Bill Luther, D-Minn., said he will ask the House Energy and Commerce Committee to hold a hearing on baseball's contracts with regional sports networks.

"These long-term, exclusive, and very expensive broadcasting contracts are to the detriment of baseball fans," Luther said. "They often force consumers to either subscribe to the local cable monopoly that exclusively broadcasts all of their local team's games or forgo watching the games altogether. Because these contracts are long-term, they effectively shut out another broadcasting interest from competing in that local market to the benefit of consumers."

The House Judiciary Committee held a hearing last week on a bill repealing part of baseball's antitrust exemption, and the Senate Judiciary Committee says it will hold a hearing next year. Luther also asked Selig to provide tax information for all 30 teams.




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