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Judge To Decide In Several Weeks Whether To Throw Out Corbett’s Case Against NCAA

(credit: Mario Tama/Getty Images)

(credit: Mario Tama/Getty Images)

(Capitol dome, Harrisburg, Pa.   File photo) Tony Romeo
  Tony Romeo is Harrisburg bureau chief for KYW Newsradio...
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By Tony Romeo

HARRISBURG, Pa. (CBS) – A federal judge in Harrisburg says she expects to rule in a couple of weeks on the NCAA’s motion to dismiss a lawsuit filed by Governor Corbett over sanctions against Penn State stemming from the Jerry Sandusky scandal. A judge heard arguments in the case yesterday.

Governor Corbett’s lawsuit is an anti-trust suit, saying the NCAA violated its own rules in bringing sanctions against Penn State that have resulted in economic harm to Pennsylvania. But, during oral arguments, lawyers for the NCAA argued that the case should be tossed in part because anti-trust laws do not apply and the judge presiding over the case asked pointed questions about that issue.

At one stage, Judge Yvette Kane suggested the allegations might be more appropriate for a different kind of case, such as breach of contract.

Jim Schultz, general counsel for the Corbett administration said, “The judge did have questions regarding the anti-competitive effects and the anti-trust portions of the case. We presented our case well.”

But at the end of the proceeding, the judge opined that the two sides seemed to not even be in the “same stadium” with regard to whether it is an anti-trust case.

But Schultz said the judge’s remark doesn’t concern him. “Ahh, no it doesn’t. She’ll make her decision [in] the next couple of weeks [and] we’ll see how it shakes out.”