NASCAR wants speedway lawsuit dismissed

COVINGTON, Ky., Nov. 21 (UPI) -- Attorneys for NASCAR have asked a U.S. district judge to dismiss a suit against their client filed by the Kentucky Speedway over its lack of Nextel Races.

Appearing before U.S. District Judge William O. Bertelsman this week, attorney David Boies said that the conspiracy allegations made by speedway officials are due to a lack of Nextel Races at the sports venue, The Cincinnati Post reported Wednesday.

"It has NASCAR events," Boies said during Monday's hearing in Covington, Ky. "It has many NASCAR events. It simply doesn't have a Nextel Race."

Speedway officials have accused their NASCAR counterparts of working with the International Speedway Corp. to fiercely control where and when Nextel Races are held.

"We have been denied a Cup race for eight years in a row because of the conspiracy to maintain their monopoly powers," Speedway attorney Stephen D. Susman alleged recently.

Bertelsman has not yet ruled on whether he will dismiss the lawsuit, in which Speedway officials are asking for more than $500 million in damages.

The Post said the U.S. district judge is unlikely to rule on the dismissal argument before the end of the year.

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