SAN JOSE, Calif. (AP) - The City of San Jose is appealing a judge's decision tossing out a key argument in its lawsuit against Major League Baseball over the Oakland Athletics' plans to move to San Jose.
The San Jose Mercury News reports (http://bit.ly/KQqBM5) that city officials have filed the appeal with the 9th U.S. Circuit Court of Appeals.
U.S. District Judge Ronald Whyte last year rejected San Jose's argument that MLB violated federal antitrust laws by failing for years to act on a request by the A's to move to San Jose.
The judge recently dismissed some of the city's claims made under state law, although the Mercury News reports that San Jose refiled those claims Thursday.
Recently filed court documents show MLB Commissioner Bud Selig notified the A's in June that the league had rejected the team's request to move to San Jose.