Rose’s Lawyers Will Appeal Ruling Keeping Lawsuit in Federal Court

Pete Rose’s lawyers said Thursday in Cincinnati that they will appeal the decision to keep Rose’s suit against baseball Commissioner Bart Giamatti in federal court.

The lawyers want the case returned to Hamilton County Common Pleas Court in Cincinnati, where Judge Norbert A. Nadel issued a temporary restraining order June 25. The order prevented Giamatti from conducting a hearing on gambling allegations involving the Cincinnati Reds’ manager.

The case was transferred to federal court July 5 at the request of baseball’s lawyers. On Monday, U.S. District Judge John Holschuh of Columbus denied Rose’s motion to return the case to the state court system.

Rose’s lawyers said they will appeal Holschuh’s order next week in the 6th U.S. Circuit Court of Appeals in Cincinnati. Holschuh said there was “substantial ground for difference of opinion” on the jurisdiction questions and allowed for immediate appeal.

Baseball agreed that no action will be taken against Rose until an issue of jurisdiction is decided. On Monday, Holschuh extended that agreement until Aug. 14, when he has scheduled a hearing on Rose’s request for a preliminary injunction against Giamatti.