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ON THE SIDELINES : Rose Appeals Ruling Placing Suit Against Commissioner in U.S. Court

From Times wire services

Pete Rose’s lawyers today appealed a judge’s decision to keep his suit against baseball in federal court, blaming “judicial gymnastics” for depriving Rose of a state court hearing.

The baseball commissioner, meantime, has scheduled a disciplinary hearing Aug. 17 on charges that Rose bet on baseball, including his own team.

Today’s appeal, filed in the U.S. 6th Circuit Court, asks that Rose’s suit against Baseball Commissioner A. Bartlett Giammatti be sent back to a state court in Hamilton County.

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“He has been deprived of his chosen forum in Ohio state court through judicial gymnastics that turn established principles of sports, employment and unincorporated association law on their heads,” Robert G. Stachler, an attorney for Rose, said in the appeal.

In Columbus last week, U.S. District Judge John Holschuh decided that he would hear Rose’s suit. But the Reds manager wants a court in his hometown of Cincinnati to hear his case.

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