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State judge issues preliminary injunction against restrictions
A North Dakota state judge issued a preliminary injunction November 11 enjoining the NCAA from enforcing restrictions on the use of Native American mascots, names and imagery in the Association’s championships by the University of North Dakota.
The action permits the institution to host championship events and display its name and logo on uniforms during championship competition until resolution of the state of North Dakota’s lawsuit against the NCAA. As a result of the action, the university was permitted to host a game November 18 in the Division II Football Championship.
Grand Forks County District Court Judge Lawrence E. Jahnke based his ruling on a finding that the state established a "substantial likelihood" it will prevail on the merits of its breach of contract claim and its claim of a breach of an implied covenant of good faith and fair dealing. However, the judge said the state did not meet the burden of establishing a substantial likelihood of prevailing in a state antitrust claim against the Association.
The case is scheduled for trial in April.
In a statement, NCAA officials expressed disappointment with the ruling but pledged to "continue to defend the NCAA’s right and responsibility to enact guidelines in the best interests of our member schools, our student-athletes and our fans."
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