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Charles Grant, Will Smith and Deuce McAllister considering appeal options in Star Caps case
Posted by Mike Triplett, The Times-Picayune May 23, 2009


Michael DeMocker, The Times-Picayune
Saints defensive end Will Smith will likely miss the first four games of the 2009 season after a federal judge in Minnesota threw out his appeal, along with those of teammate Charles Grant and former teammate Deuce McAllister.

The Saints will almost certainly head into the first four weeks of the 2009 season without starting defensive ends Will Smith and Charles Grant after the veterans were blindsided by a federal court ruling late Friday.

U.S. District Judge Paul Magnuson dismissed the federal lawsuit brought by the NFL Players Association on behalf of Smith, Grant, former Saints tailback Deuce McAllister and Minnesota Vikings defensive tackles Pat Williams and Kevin Williams against the NFL.

The players were hoping the court would overturn four-game suspensions handed down last December, after they all tested positive for a banned diuretic, bumetanide, during the summer.

The case was set to go to trial in St. Paul, Minn., on June 15, but Magnuson issued a summary judgment after reviewing pretrial motions and hearing arguments from the NFLPA and the NFL last week.

"We're devastated, " said McAllister, who said he spoke briefly with Grant on Saturday morning. "Because our stance has not changed, and we felt like even more information given during the depositions made our case even stronger. And to get a ruling of that nature, it's just a tough one to swallow."

Neither Grant nor Smith was reached for comment. Their attorney, David Cornwell, and NFLPA attorney Jeffrey Kessler each made statements on their behalf, expressing disappointment with the ruling and saying they have not decided on their next course. If they appeal, the appeals court would either need to rule on the players' behalf before the start of the season or grant another injunction to temporarily halt the suspensions.

Charles Grant, Will Smith and Deuce McAllister considering appeal options in Star Caps case - New Orleans Saints Beat