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Duck Fans Sit, Wait for Court’s Decision

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TIMES STAFF WRITER

A ruling in Orange County Superior Court today will determine where the Mighty Ducks play on cable TV for tonight’s game against the Edmonton Oilers.

If Judge Ronald C. Kline grants the Ducks’ request to be returned to Fox Sports West, the game will be available to more than 4 million Southern California viewers.

If not, the game will be shown as scheduled on Fox Sports West 2, which is unavailable to Orange County cable customers.

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Kline on Tuesday was expected to announce a ruling on the Ducks’ suit, filed Feb. 4. But after hearing arguments from attorneys for the Ducks and Fox Sports, he delayed the decision. He said his ruling would not be influenced by an antitrust suit filed by Fox against the Ducks on Monday in Federal Court in Los Angeles.

Today’s decision hinges on whether Kline agrees with Disney’s assertion that Fox Sports violated its 1993 contract with the Ducks by moving them from the more widely available Fox Sports West to the new Fox Sports West 2.

John J. Quinn, attorney for the Ducks, argued that it was akin to showing the games in a closet.

Fox said the contract only called for games to be aired by the network, then known as Prime Ticket. Robert G. Badal, attorney for Fox Sports, said it’s not the network’s fault Orange County cable companies haven’t picked up Fox Sports West 2.

Today’s ruling will not be the end of the cable sports war as it will only pertain to the remainder of the 1996-97 season. No matter the outcome, the parties probably will go to trial later this year.

In Fox’s antitrust suit against the Ducks, the network claims the team conspired with cable systems to sabotage Fox Sports West 2 and clear the way for a regional Disney sports network. No cable systems were named in the suit.

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The Fox suit claims Disney and ESPN have considered adding a Southern California-based network that would primarily carry Duck and Angel games. The channel would compete directly with Fox Sports West and Fox Sports West 2.

Disney’s entertainment empire includes ABC and cable sports networks ESPN, ESPN2 and ESPNews.

An NHL source indicated that no such plans for a new Disney sports channel have been discussed with the league, which would have to be notified if the Ducks were to switch networks.

Fox Sports West split into two networks because it said it anticipated a number of scheduling conflicts when it begins showing Dodger games this coming season.

The Lakers, Kings and Angels stayed on Fox Sports West. The Ducks, Clippers and Dodgers moved to Fox Sports West 2 when the network was launched Jan. 27.

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