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SECOND EFFORT: RAIDERS WILL PURSUE CASE AGAINST TAXPAYERS

          The Raiders yesterday "began to pursue" $800M in
     damages from East Bay taxpayers and private deal-makers,
     after a judge ruled that the team must remain in Oakland,
     according to Renee Koury of the SAN JOSE MERCURY NEWS. 
     Although Sacramento County Superior Court Judge Joe Gray
     said that he "will probably uphold an earlier ruling" that
     the Raiders can't void their '95 lease at Network Associates
     Coliseum, he "left it to a jury to weigh" team Owner Al
     Davis' claim that public officials "conned him into
     believing" the Coliseum was sold out.  As a result, Raiders
     attorney Ken Hausman said that the team "probably would
     pursue" its $800M fraud claim alleging lost revenues from
     ticket sales, parking fees, concessions and team value
     rather than appealing the ruling keeping them in Oakland. 
     The team will also "amend [its] claim to target the city and
     county for at least part of the damages instead of just
     private deal-makers and accountants who put together the
     original 16-year lease agreement."  A verdict for the
     Raiders "would sock the East Bay with even more Coliseum
     debt," as taxpayers are already paying millions of dollars
     in annual subsidies over the next 25 years because of "poor
     ticket sales."  But attorneys for Oakland and Alameda County
     say that public agencies are protected by state law from
     paying fraud damages (SAN JOSE MERCURY NEWS, 2/23).  A
     ruling in favor of the Raiders would allow the team to seek
     only monetary damages and would not allow it to attempt to
     "dissolve its stadium lease as the product of an unfair
     contract" (S.F. CHRONICLE, 2/23).  Coliseum attorney Jeffrey
     Kessler, who said that the Raiders' contract with the city
     contains no sellout guarantees: "I don't think anybody will
     call Al (Davis) a naive businessman in the sports industry. 
     He was quite knowledgeable, if not expert, in issues like
     ticket sales" (CONTRA COSTA TIMES, 2/23). 
          SCHEDULE: Judge Gray is expected to issue a final
     ruling on the team's lease "within several weeks" and will
     try to abide by the wishes of both sides who want the trial
     to end before the football season (C.C. TIMES, 2/23). 
                    

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