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UA Files Motion To Dismiss Lawsuit Against White

Last updated Monday, July 16, 2007 8:18 PM CDT
in Razorback Central

By Alex Abrams
THE MORNING NEWS

FAYETTEVILLE -- Attorneys for the University of Arkansas filed a motion Monday afternoon to have an amended lawsuit brought by a disgruntled fan against UA Chancellor John White and UA System President B. Alan Sugg dismissed.

The motion claims that John David Terry of Mount Ida still doesn't have a legal basis to sue White over the chancellor's handling of a disparaging e-mail sent to former Arkansas quarterback Mitch Mustain by a UA booster.

"I think we're looking forward to having an opportunity with this motion to put forth the reasons why we think (the lawsuit) should be dismissed," Arkansas associate general counsel Scott Varady said Monday evening. "We'll just see where the case stands."

Washington County Circuit Judge Mark Lindsay dismissed Terry's original lawsuit during a June 4 hearing, stating that the court should not interfere with a school's football or athletic program.

Lindsay threw out all four of Terry's complaints in the original lawsuit. But the judge gave Terry's attorney -- Eddie Christian Jr. of Fort Smith -- 20 days to refile the lawsuit after amending two of the complaints.

Terry refiled the amended lawsuit in late June, hoping that the court will order an independent investigation into White's handling of the e-mail sent to Mustain by Teresa Prewett, a friend of Arkansas football coach Houston Nutt.

Terry claims that White didn't do his job when he allowed Arkansas football coach Houston Nutt to look into the e-mail sent by Prewett, a Nutt family friend.

But Varady said Terry still hasn't stated facts to prove that the court should intervene in the matter.

"The grounds (for dismissal) are largely the same as they were the first time," Varady said.

According to the motion, Terry's claims are "moot" and that the case continues in "bad faith for purposes of harassing and maliciously injuring President Sugg, Chancellor White, the University of Arkansas, Houston Nutt and other University employees."

No date has been set for a court hearing relating to the amended lawsuit. Varady said a hearing could come in early to mid-August.

Along with asking for the revised lawsuit to be dismissed, the motion also asks for the court to order Terry to pay for the university's legal costs, including attorney fees.

University attorneys didn't ask for the school to be reimbursed court fees in their original motion to dismiss. Varady said he couldn't estimate as to how much the university has spent fighting the lawsuit.




Reader Comments (3 comment(s))


The following comments are provided by readers and are the sole responsibility of their authors. The Morning News does not review comments before their publication, nor do we guarantee their accuracy. By publishing a comment here you agree to abide by our comment policy. If you see a comment that violates our policy, please notify the web editor.

Swinehunt wrote on Jul 17, 2007 7:56 AM:

" Soon, all of these stupid attacts on the Razorback Nation and the administration and coach and players will be OVER, DONE WITH. Then we the real fans will support Hogs like never before. GO HOGS!!!!!!! "

HawgCowboy wrote on Jul 17, 2007 10:15 AM:

" I appreciate the web administrators having a strong Comment Policy that they enforce that protects us from abusive behavior by anyone who is willing to resort to that kind of actions. We know the world has a few bad actors in it, but on here we can make our Razorback comments realizing that the administrators will not let name calling be a part of this site. Otherwise, I don't think fans would post on this site. Thanks for your watch over our discussions web guys. "

GonzoHog wrote on Jul 21, 2007 9:41 AM:

" Even though it seems to be a fact White tried to sweep this one under the rug, with his lie about looking into this matter with Teresa Pruitt, and not finding a close relationship between her and Houston Nutt, it still seems to me the problem was handled well enough to be satisfied with. Pruitt was banned from directing anymore E-mails to the university, and banned from the sidelines in the future. If nothing had been done, then I probably would have considered filing a suit myself. The bottom line is, someone is still ticked off about Mitch Mustain leaving the university, and is still looking for someone to blame. Get over it, and lets get on with letting these boys concentrate on being the best they can be in '07. GO HOGS!!! "


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