ATLANTA SPIRIT LAWSUIT

Hawks-Thrashers trial heads to jury

The Atlanta Journal-Constitution

Tuesday, December 02, 2008

The question of whether Turner Broadcasting System cheated Texas businessman David McDavid out of buying the Hawks, Thrashers and Philips Arena operating rights is scheduled to get handed to the jury Tuesday.

But first, lawyers for both sides will have two hours each to present their final arguments.

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McDavid signed a letter of intent in April 2003 to buy the professional teams and arena rights from Turner. The letter, granting exclusive negotiations, expired 45 days later, but the parties continued their talks. In September of that year, Turner announced it would sell the teams to an eight-man investor group, which includes the son and son-in-law of Ted Turner, founder of the Atlanta-based media company.

McDavid has accused the company of breaching an oral contract and sharing his confidential financial information with the other investors, known as the Atlanta Spirit. He is asking for $450 million.

The trial started in early October. It is unclear how long the jury will take to make a decision.

Whatever the jury’s decision, McDavid will still not own the teams. However, the Spirit has been involved in a complicated, high-profile court battle that involves how much the teams are worth and how much co-owner Steve Belkin would receive for selling his 30 percent stake.


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