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Speaker 1: Each time to check in with Preston and Garrett.

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Speaker 2: Handy of Handy and Handy for sports Court.

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Speaker 3: Handy and Handy are your accident and personal injury attorneys

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ready to assist with any related questions.

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Speaker 2: You may have if visit them online at Handylawutah dot com.

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Big Firm Experience, Small firm Attention.

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Speaker 1: Welcome back to the sports what a ford that name?

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We'resp at the fan, I meant little broadcast from our

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Vanderwilth Studios vandawelk dot com.

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Speaker 2: Get on that pre q and A no obligations to

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do a vest QNA and save money on your taxes

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today Before we get into our sports court segment, one

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of my favorite segments. Want to remind you guys at

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the Salt Lake City Slam doubleheader is underwhere you want

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to win tickets, All you got to do is listen

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to ESPN the Fan every morning eight twenty am with

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Bryce Miyanoushi for your chance to win some tickets. Utah

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Valo University will play you University of California Santa Barbara

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at twelve pm, and then Utah State University will face

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Illinois State at three pm in Salt Lake City at

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the Slam event at the Delta Center December thirteenth. All right,

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it is stile to play judge and jury. What's the

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verdict on the biggest headlines in sports and law? That's right.

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Sports Cort brought to you by our good friends at

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Handy and Handy, Big firm experience, small firm attention. Each

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week we break down the real life legal drama, intersecting

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with your favorite athletes, teams, and leagues, from contract dispute

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and io chaos, sideline scandals, court room battles. We're diving

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deep with Utah's most trusted, trusted injury attorneys, Garrett and

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Preston Handy. But I've been told we only have Preston

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on the line today. Preston, how are you?

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Speaker 3: That's true? That's true? Just me, let's do it. Issues

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in the world of sports, what are they?

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Speaker 2: Hey, there's there's plenty of them. There's always drama brewing

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in the sports world.

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Speaker 3: Right, that's true. Yeah, you know.

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Speaker 1: And look, let's start off with the swoosh.

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Speaker 2: How about this, Nike wins a battle in trademark litigation.

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Speaker 1: What's the latest on Nike?

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Speaker 3: Well, they won just an initial battle, and this is

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exciting stuff intellectual property litigation. But I think we'd all

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agree that Nike is quite possibly the most recognizable logo

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in the world for the last forty years, one of

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them at least, right, And that involves a trademark and

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a copyright and that type of thing. Well, now they're

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on the other end of a problem, and so follow

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along here. Nike for about the last twenty five years

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has had a soccer shoe out there called the Total ninety.

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Now important part is its total space ninety. And they've

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been had this for twenty five years and they claim

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that it's the soccer shoe of the youth of a generation. Well,

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there is another company out there and it's Total ninety,

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no space between the Total and the ninety, and they

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have soccer apparel and they sell a bunch of things

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related to soccer. So Nike kind of surprisingly currently does

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not have a trademark on Total ninety. They did at

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one point and they let it run out in twenty nineteen.

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I don't know if someone wasn't mind in the kitchen. Well,

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what happens in these trademark disputes is now Total ninety,

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the one without a space, not the big Nike. They

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are suing Nike for trademark infringement, saying that you're infringing

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our trademark. We have it. This is going to create

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confusion in the marketplace. You need to stop. They're suing

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them saying, hey, we want a temporary restraining order for

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you to not do this anymore. That's big Nike. And incidentally,

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they apparently went to Nike some time ago before they

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filed their lawsuit and tried to strike a deal and said, hey,

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for this amount of money and the millions of dollars,

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we'll let you use the trademark. We'll give you the trademark.

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And it's very similar to a case that's going on

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in Utah, the Utah Mammoth. There's a hockey bag company

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called Mammoth Hockey Bags or mont Mammoth Hockey that is

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suing U Tom Mammoth over because U TOI Mammoth doesn't

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have a trademark. Kind of the same thing. They went

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to and before and tried to get strike a deal

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and it didn't work. So back to the Nike deal.

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They're suing them over there and looked at this and said, hey,

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this is going to cause confusion in the marketplace. Everyone's

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going to think you were us, and we don't want that. Well,

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the judge looked at this, and this is just a

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temporary restraint order. They looked at it, and the judge

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agreed with Nike and said, hey, even though they used

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same or similar retails, as Nike sells products, it's intended

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to saturate the market and over well my identity there

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said the reason that there was no lack of evidence

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of actual confusion that consumers believe Total nineties products are

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related to Nike's Total ninety. Well, I don't know about that,

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but they agreed with Nike, and essentially, right now they're

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not going to grant the temporary strain order. They're gonna

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let it go down the litigation path. And so I

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guess it proves that it helps to be the eight

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hundred pound gorilla in this situation because total ninety sounds

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very much like total ninety to me.

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Speaker 2: Yeah, look, all this IP stuff can get pretty confusing.

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It seems kind of like a money grab though, right

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doesn't it? Like, I mean, come on, like the truth

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of the matter is like some of these things are

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just money.

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Speaker 1: Grabs, are they not?

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Speaker 2: Well, maybe is that big of a deal to have

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this issue, right, is it really?

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Speaker 3: Well?

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Speaker 1: I think the Total ninety, I.

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Speaker 3: Don't think that Nike is Nike is certainly not injured

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by them. But I can promise you if Nike had

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the trademark and they came in with that, Nike go

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after that and shut them down, they probably benefit. But

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they have benefit.

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Speaker 1: They had the first place, and they let it expire.

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So that's what I'm saying.

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Speaker 2: And then and then Total ninety went out and got it.

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Speaker 1: I don't know, you know, it's.

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Speaker 3: Just Total Nighty probably benefits a little bit from the

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Nike here in Total ninety people. Oh that's a good thing,

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that's a positive thing. But you know, we'll see how

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it goes. I'll bet there'll strike a deal down the road.

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But Nike, you know, they're the They're the behemoth. They're

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the eight intered pound gorilla.

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Speaker 1: No doubt about it. Let's move on to the football field.

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Speaker 2: Mac Jones defeats a copyright claim over win passage tweet

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tweets getting everybody in trouble these days.

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Speaker 3: Yeah, well, this is another exciting intellectual property thing. So

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this is an interesting story. We talked about it, or

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it was the legal issue some time ago. We've got

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this guy named Keith Bell and he is a psychologist

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and he claims to be the father of swimming psychology.

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And as part of this, he's published some books and

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some motivational writings, that type of thing that he calls

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the winning. He calls it the winning in the book

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is a win, the win passage, he calls it. All

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these kinds of things. And recently he went after Lane Kiffen.

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That's not part of the day day and Lane Kiffin,

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I don't know if anybody knows, he's been in the

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news a little bit, but he had what's called the

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Win Book, and winning isn't normal. He uses all these

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motivational things. And he went after Lane Kiffin a while

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ago saying because Lane Kiffen posted some kind of motivational

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things and he said, hey, you're infringing on my trademark

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and my copyrights. Well now he's going after Mac Jones,

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and get this story. Mac Jones, as we know, is

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an NFL quarterback, was an Alabama quarterback, played for New

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England and now playing for San Francisco. Well, when he

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was a seventeen year old, get this back in twenty sixteen,

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when Mac was a seventeen year old probably didn't even

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know what twee twitter was, but he tweeted out some

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quotes from the win passage and he quote tweeted them

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out as motivational things. Well, this Keith Bell in twin

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wind of it and said, oh wait a minute, you

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little seventeen year old, you were infringing on my on

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my trademark, my copyrights if you actually benefited from it.

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And so he went after mag Jones for this thing. Well,

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the court didn't agree with our friend Keith Bill. He

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basically said, hey, no, you know what, this wasn't being

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put forth to earn money. He wasn't selling anything. He

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was just sending out as a motivational statement. And you know,

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so that doesn't qualify. And he says, reason that jones

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tweet of wind passes constituted fair use and was not infringement.

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And they've even cautioned the Cord even cautioned this Bell

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and said, hey, you have a right impression of yourself

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that all these things you put out there are only

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your ideas. Noone uses motivational stuff and uses things like win.

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And they even cautioned Ben said, hey, if you keep

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filing these lawsuits, and moving forward, this could give right

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to claims for harassing or other improper purpose. There's where

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you're talking about shakedowns. Those are shatdowns. He wanted two

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hundred two thousand dollars from mac Jones, claiming that he

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he thinks that mac Jones doing this as a sevente

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year old propped up his image in his position, and

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that's why he is where it is today, not just

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because he can throw a football.

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Speaker 1: Ridiculous.

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Speaker 2: Let's continue down the line of football this time the

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Alliance of American Football judge rules in favor of Tom Dundon,

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bringing af saga to a close.

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Speaker 3: What do we have here, Well, Tom Dundon, who is

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He's notable for being the owner of the Carolina Hurricanes,

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and it looks like he's going to be the owner

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or potter owner of the Portland Trailblazers. Well back some

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time ago, he decided to buy the Alliance of American Football.

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Everybody's heard of that, haven't they? The Alliance of American Football,

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which was a failing football league I guess or minor

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league professional football league. It was failing. Well, he bought

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it and shortly thereafter it crashed. It collapsed in twenty nineteen.

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And what happens is in the cases like when the

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business fails with bigsiness, people used the bankruptcy laws. And

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he went to the bankruptcy court and said, I'm going

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to file bankruptcy, and all along there were a bunch

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of creditors that said, hey, wait a minute, we're holding

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the bag here. And so the trustee of the bankruptcy

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court they looked at the facts of this and him

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coming into bankruptcy and said, not so fast, mister Dundon.

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You agreed when you bought this, when you bought this league,

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to invest two hundred and fifty million dollars on it,

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in it, to get it up and going to have

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it a going concern, and to let these credits everyone

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you know that had licenses and that type of thing,

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let them go. So the trustee came after him, and

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the court looked at it and they even said they

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found him liable for breaching piduciary duty. They said he

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was involved in some self dealing. Specifically, it said that

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he the court found that Dundon engaged in equable conduct

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by granting free advertising to Dundon owned controlled preferred entities.

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And the court said, yeah, Dundon, you engaged in self dealing,

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and this benefited your friends, and you used assets from

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the league. And this self dealing included providing free advertising

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to entities related to him like at and T, Top

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Golf and Nity's owned by friend. He even said that you

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were on off the site, opposite sides of various transactions.

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That's a no no. But in the end, what the

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what the court came out and said, They said, yeah,

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but the trustee could not prove any causally related harm,

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meaning that him doing these bad things, him these breaches

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in that thing. It did not result in the actual

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bankruptcy that he's there trying to get relief for. So

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what the court did? They found him liable and awarded

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one dollar one dollar wow that he'd have to pay.

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I think billionaire Tom Dundon can.

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Speaker 2: Afford that, No doubt he can. That's that's within his budget.

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Final thing for you here, pressed and handy, handy and

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handy handylaw Utah dot com. How can colleges solve the

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Kelly Kiffin contract craziness? LSU paying Brian Kelly in his

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entire fifty four million buy out and Lank Kiffin abruptly

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leaving college football playoff bound Old Miss for LSU and

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a seven year, ninety one million deal that has sparked

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a lot of criticism. Give me your take on this.

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Speaker 3: Well, I saw this headline from Michael mccannon, who's a

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legal scholar and a law professor, and he does these

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and he's he said, how can we do this? You know?

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And he said, there's a way to get around us.

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And as we know, they've both been in the news.

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We talked about the Brian Kelly issue was he was

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fired by LSU and he came to him and said, hey,

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well you fired me, only fifty four million, and they said,

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not so fast. We haven't terminated yet. And oh, by

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the way, we're going to fire you for cause. And

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we talked about this a few weeks ago on Sports Court, saying, hey,

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this is a bet i'd look for LSU because they

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didn't note anything for costs and they're going to owe

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him the fifty four million dollars. Well, they relooked at

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it again and said, you know what I think we do,

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So they agreed to they formally terminated him, and they

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agreed to pay him his fifty four million dollars, but

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they also sent a letter to him saying, hey, here's

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the terms of that contract that allowed you to get

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a fifty four million dollars buyout that also had other

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terms that means you need to seek a job, you

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need to keep us posted about the jobs, the interviews,

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you have that type of the progress at that time,

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because if you get a job, we're not going to

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be on the hook for it. Well, on the heels

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of that, what happened Lane Kiffin, He left oh Mis,

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got a big contract with the same LSU they're in

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the news, and they gave him a big buyout. So

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the question, the legal question, is there anything we can

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do to avoid this craziness, the unpredictability, that type thing

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in sports. And I think with the structure right now,

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the answers probably know. But what McCann says is, you know,

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all of these cases, the Austin case, the ed Obamon case,

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the House case, they're all wrapped in these laws of

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anti trust law, which anti trust laws prevents anti competition.

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And what happens with coaches. Universities and leagues and conferences.

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They all compete for coaches, and what do they do.

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They offer them big contracts to go to their school

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to go to their conference, and as part of the

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big contract, what do they do They offer them huge

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buyouts and that makes it really tough, you know, and

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the courts pointed out that, well, you know what, all

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these coaches they're able to leave, and why can't the

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players And that's what ended up in the NIL type

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thing and allow them players to profit from their NIL

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and the transfer portal and all. That's craziness. So we're

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looking for, you know, some type of stabilitiyess and one

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of the things that Michael mccannon offered up as potentially

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these universities just not they can't conspire because that would

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be a bit They just don't offer these big buyouts

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and these guaranteed things. But that's not realistic because you

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know what, what if a few schools said, hey, we're

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not doing this. Guess what, there's a school over in

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the corner that absolutely will to get the best coach

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and get the best players and all of that. So

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it's it's a tough situation and I don't know there's

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any real legal way around it unless you know, something

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gets in place like that, and you know, and the

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one school takes this and doesn't offer it and down

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the road it becomes normal for not to have these

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big buyouts. But right now it's crazy. And the coaches

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they have a lot of the control, you know. Even

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though Brian Kelly got fired, guess what, he has a

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contract that gets him fifty four million.

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Speaker 1: Crazy times.

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Speaker 3: I don't think there is a real answer to it.

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It's kind of what's going on here.

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Speaker 1: We just got into the wrong business. You and I.

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Speaker 3: Yeah, well, someone taught me and said be a high

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level coach. I always said, oh great, but I don't

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think I could have done that.

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Speaker 1: We all have different school would have been any good

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at it. Hey, you're a great.

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Speaker 2: A great representative of those that have been injured. There

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at Handy and Handy Handy law youta dot com. That's

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the verdict on this week's session of the Sports Court,

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powered by Handy and Handy handylawutah dot com. Personal attention,

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proven results, serious sports, serious questions, always serious attorneys precedent.

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Why should our listeners give you a call if they've

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been in an accent they've been injured, so that you

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can represent them?

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Speaker 3: Yeah, Ben, we love coming on here with you and

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talking about these interesting legal issues in the world of sports.

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Some are more interesting than others. But we are a

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personal injury law firm by day. We specialize in personal

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injury law, meaning that we represent individuals that have been

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involved in all kinds of accents where they've suffered injury

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and damages like medical expenses, lost income, pain and suffering.

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We've been doing this a long time. We've been at

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it and we do. We think to do a really

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great job of reps on our clients. We give them

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personal attention. Give us a call, you'll talk to either

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me or Garrett, the names on the Law of h

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We'll talk to you about your case. It doesn't cost

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you a dying to hire us unless we win. We'd

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love to hear from you. Give us a call it

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a zero one two six four six six seven seven,

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or visit our website at handy Law Utah dot com.

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Speaker 2: There you go, guys, aight O one two six four

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sixty six seven seven eight on one two six four

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sixty six seven seven.

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Speaker 1: Uh.

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Speaker 2: They don't get paid unless they win for you. They've

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been trusted for over forty five years now Here in

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the in the along the Wassats run a lot of

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experience representing those that have been injured Handy and Handy Handy.

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Speaker 1: Law Utah dot com. Thanks so much. Press appreciate you

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joining us for another edition of sports Cord.

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Speaker 3: Thanks Ben, have a great weekend.

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Speaker 1: You too, appreciate you spending some time with us.

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Speaker 2: Shout out to Handy and Handy Handy Law Utah dot com.

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Speaker 1: Guys, we're getting into the holiday season.

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Speaker 2: 'tis the season to be giving and we want to

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give back because we have been given much. We two

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Musch Give, the ESPN the Fan and Rocky Mountain Chevy

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Dealers invite you to help those at the road home

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this holiday season with needed blankets, coats, shoes, hats, gloves, food,

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nonperishable food items and hygiene items. Drop off any donations

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at any of the Rocky Mountain Chevy dealerships. Visit espndefan

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dot com for those dealership locations around you. Spread the

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warmth and help others find their way home. Let's go

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to break, don't go anywhere more to get to as

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we wrap up our show here on one oh three

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nine ninety eight point three.

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Speaker 1: This is Cougar Sports on your Utah ESPN Radio

