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Will Smith, Charles Grant get new hope as NFLPA files appeal in Star Caps case
Posted by Brian Allee-Walsh, The Times-Picayune
May 27, 2009

The legal maneuvering continued Wednesday in the ongoing StarCaps case involving Saints defensive ends Will Smith and Charles Grant, former Saints running back Deuce McAllister and two Minnesota Vikings players.

The NFL Players Association filed an appeal with the 8th Circuit Court of Appeals in Minneapolis, which in essence attempts to overturn a decision by U.S. District Court Judge Paul Magnuson. He dismissed a federal lawsuit Friday against the NFL that was brought by the union on behalf of Smith, Grant, McAllister and Vikings defensive tackles Pat Williams and Kevin Williams.

All five players are facing four-game suspensions for violating the NFL's drug policy

Magnuson threw out most claims by the Williamses and all claims involving the Saints. This is the second appeal from that order.

No new court date has been scheduled.

"Obviously we agree with the judge's initial decision that the suspensions were improper, and we think that the most recent decision reflects the judge making a determination at this stage of the process that is improper, " said David Cornwell, who represents Smith, Grant and McAllister, who was released by the Saints in mid-February. "We would expect the 8th Circuit to agree with our position.

"But more importantly, the fact that this is going back and forth in litigation with both sides having essentially gotten a pound of flesh from the other, it's important to Charles, Deuce and Will that the parties, meaning the Players Association and the NFL, keep in mind that they are real men and real issues being affected by this litigation."

Will Smith, Charles Grant get new hope as NFLPA files appeal in Star Caps case - New Orleans Saints Beat