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Posted at 4:23 p.m., Thursday, November 8, 2007

CFB: Louisville sues Duke for canceled games

By Jason Riley
The (Louisville, Ky.) Courier-Journal

The University of Louisville has filed a lawsuit against Duke University claiming the schools had agreed to play each other four times in football between 2002 and 2009 but that Duke canceled the last three games, costing U of L money and a quality opponent.

According to the suit, which was filed in Franklin Circuit Court, in 2003 Duke backed out of three games — two to be played in Louisville — scheduled for this year, 2008 and 2009.

The lawsuit did not say why Duke decided to cancel the agreement. A call to Duke's athletic department was not immediately returned. U of L sports information director Kenny Klein said the lawsuit "speaks for itself" and declined further comment because the litigation is pending.

Louisville requested a $150,000 buyout for each of the three games or a suitable replacement team from the Atlantic Coast Conference, of which Duke is a member.

But Duke, according to the suit, asked U of L to find its own replacement, and agreed to pay Louisville only if the program could not, after a "good faith" effort, find a replacement game.

U of L claims its athletic department has spent countless hours looking for a replacement for Duke but that no team of similar stature will agree to play the U of L at Papa John's Cardinal Stadium two of the three games, as Duke was supposed to do.

The suit claims U of L is now short an out-of-conference game for next season and "was forced" to replace Division I-A Duke with Division I-AA Indiana State for 2009.

The lawsuit is seeking $450,000 for the three football games and any other relief the courts deem appropriate.

Claims made in filing a lawsuit present only one side of the case.

The Sept. 7, 2002, game between the two schools was played with U of L winning 40-3.

It's not unusual for a college team to back out of a scheduled game and pay a buyout. Louisville and Western Kentucky University had a two-game basketball contract that began when the Hilltoppers beat U of L in Freedom Hall during the 2000-01 season, but when Rick Pitino took over as the Cardinals' coach, he decided to exercise a $25,000 buyout clause.

The teams eventually played on a neutral court in December 2003.