Former Cincinnati quarterback Ben Mauk, who sued the NCAA after being denied a sixth season of eligibility, lost another appeal today when a judge in his hometown ruled against him.

Hardin County Judge William Hart refused to grant a permanent injunction allowing Mauk to rejoin the Bearcats.

Mauk, who says he missed two seasons because of injuries, was turned down by the NCAA five times before he asked the court in Kenton, Ohio, for help.

He testified last week that a foot injury prevented him from playing during his freshman season in 2003 at Wake Forest, where he played before transferring to Cincinnati. He led the Bearcats to 10 wins last season and a No. 17 final ranking.

Mauk didn't prove that he would lose out on a chance at pro football by not playing another year at Cincinnati, the judge said.

Kevin Murphy, an attorney for Mauk, said he was shocked by the decision. He said he was traveling and had not seen the ruling. He said he hasn't decided whether to appeal.

NCAA spokesman Erik Christianson said Tuesday that members of the reinstatement committee had reviewed Mauk's appeal carefully and determined another year of eligibility was not warranted.

"The NCAA argued strongly at trial that no evidence of irreparable harm to Mr. Mauk had been produced, which is required before issuing an injunction," he said.

Carol Iwaoka, chair of the committee, said last week that Mauk was turned down primarily because he had been cleared to play during his freshman season and was on the team's travel squad.

It was unclear whether Mauk would have taken the field even if the judge had sided with him. Cincinnati officials have not allowed Mauk to practice while the case is the courts.

The Bearcats, meanwhile, are thin at quarterback after starter Dustin Grutza broke his right leg in a 52-26 loss at Oklahoma on Saturday. Grutza, who lost his job to Mauk last year, is expected to undergo surgery and miss more than a month.

Murphy argued in court that the NCAA has been unwilling to listen to Mauk's arguments and treated him differently from other athletes who have been granted another year of eligibility.

NCAA attorney Linda Salfrank has said that athletes have a five-year window to play once they arrive on campus and that Mauk used up his time.

Mauk played two seasons at Wake Forest before he broke his throwing arm and missed the entire 2006 season.

He transferred to Cincinnati because he had lost his starting job and overcame his extensive injuries to become one of college football's biggest success stories a year ago. He threw for 31 touchdowns and 3,121 yards.