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NEW YORK (AP) #8212;Is the NBA lockout legal or not under antitrust laws?That #8217;s the question league attorneys want a federal judge to answer #8212;beforeplayers potentially file an antitrust lawsuit as the NFL Players Association didduring football #8217;s recent lockout.U.S. District Judge Paul Gardephe, however, expressed reluctance Wednesdayto wade into the NBA #8217;s labor mess.In oral 2011 mock draft arguments in Manhattan, NBA attorney Jeffrey Mishkin said the NBAPlayer #8217;s Association is using the possibility of an antitrust fight like #8220;aloaded gun #8221; on the negotiating table and urged Gardephe to reject the union #8217;srequest to toss the league #8217;s lawsuit. Mishkin said the NBA is seeking the court #8217;s blessing for its actions so thatthe union stops threatening an 2011 mock draft antitrust fight to gain an upper hand innegotiations. #8220;They prefer the uncertainty, #8221; Mishkin said of the union #8217;s effort to getthe lawsuit tossed out. #8220;It #8217;s like taking a loaded gun and laying it on thetable. #8221;Gardephe brushed aside Mishkin #8217;s argument, saying posturing is part ofnegotiations. #8220;If they #8217;ve put the gun on the table, it #8217;s not cle 2011 mock draft ar there are any bulletsin it, #8221; the judge said. #8220;The courts discount threats of litigation in thecontext of collective bargaining. #8221;The NBA locked out its players July 1, and Commissioner David Stern alreadyhas canceled all November games.Progress has stalled since talks broke off last Friday over the revenuesplit. The union #8217;s executive committee plans to meet Thursday in Ne 2011 mock draft w York, aperson with knowledge of the plans told The Associated Press. The personrequested anonymity because the plans have not been made public.Player #8217;s Association president Derek Fisher(notes) and executive director BillyHunter each sent a letter to members earlier this week denying reports about arift among the leadership.Union lawyer Jeffrey Kessler said in court Wednesday that the NBA 2011 mock draft caseshould be tossed out because the league was trying to get the court involved onthe mere possibility there would be an antitrust fight. #8220;They have no case, #8221; he said. #8220;They #8217;re seeking to do somethingunprecedented, inappropriate. #8221;Mishkin insisted the league had to act to stop threats that were hamperingnegotiations. He said the union was prepared to dissolve itself, a 2011 mock draft necessarylegal step before individual players could bring antitrust actions against theleague in federal court. #8220;They #8217;ve already collected the cards. They can do it at any moment, #8221; hesaid. #8220;We don #8217;t have to wait. We don #8217;t have to be subject to their whim. #8220;We want to get the antitrust threat out of the bargaining. #8221;Gardephe did not immediately rule, bu 2011 mock draft t he questioned Mishkin at length andwas skeptical of his arguments, saying at one point that the NBA lawsuitcontained a #8220;fair amount of speculation. #8221;The judge indicated that for all the talk of tangling, the two sides werespeaking different languages. Gardephe said reading the written briefs prior tothe hearing was like watching #8220;two ships passing in the night. #8221;AP Sports W 2011 mock draft riter Rachel Cohen contributed to this report. Fantasy Basketball '11 registration is open. Sign up today! And follow Yahoo! Sports' NBA coverage on Twitter. Updated 1 hour, 40 minutes ago 2011 mock draft
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