HARRISBURG, Pa. (AP) — A judge has denied a request by the NCAA and Penn State to dismiss a lawsuit over the NCAA’s $60 million fine imposed on the university for its handling of the Jerry Sandusky child molestation scandal.

Commonwealth Court Judge Anne Covey ruled Friday the lawsuit by state Sen. Jake Corman and state Treasurer Rob McCord can proceed.

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Penn State accepted a $60 million fine as part of a 2012 consent decree with the NCAA that also imposed a four-year ban on post-season play, a temporary loss of some football scholarships and the elimination of 112 victories from late head coach Joe Paterno.

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The lawsuit challenges the validity of the consent decree and seeks to enforce a law passed last year that requires the fine to be spent on battling child abuse within Pennsylvania.

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