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Federal Judge Says Kentucky, NASCAR, ISC Should Go Back To Mediation

November 26, 2007 9:52 a.m. EST

Buddy Shacklette - AHN Motor Sports Reporter

Covington, KY (AHN) - With Kentucky Speedway, NASCAR and International Speedway still agreeing to disagree, a federal judge suggested the parties go back to the mediation table.

U.S. District Court judge William Bertelsman said earlier this week that an expected monthlong trial, followed by several years of appeals, could be avoided if the sides mediate the situation.

NASCAR and ISC are both owned and controlled by the France family and its attorneys asked Bertelsman for a summary judgment Monday, arguing Kentucky Speedway has sufficient evidence to prove it was kept from acquiring a much-sought NASCAR Nextel Cup race.

Kentucky Speedway, located in Sparta, Ky., has sold out NASCAR Busch and Craftsman Truck Series races for several years, but Bertelsman said he won't rule on the motion until January at the earliest. A March 4, 2008 trial date is set.

It is unlikely either side will settle, especially after five failed hours of mediation in June.

The speedway alleges NASCAR conspired to leave the track and other tracks out of Cup schedules despite superior amenities and filled stands at lower-level NASCAR events.

The speedway asks ISC sell at least eight of the 12 tracks it owns that host Cup races and that Kentucky speedway be awarded over $200 million in damages.

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