Kentucky Speedway abandons request for track documents

By Bob Pockrass
Friday, June 02, 2006

Kentucky Speedway has withdrawn a motion asking for permission to subpoena other track owners in its anti-trust lawsuit against NASCAR and International Speedway Corp.

The track had hoped to subpoena Speedway Motorsports Inc. and other track operators to ask for documents relating to their sanctioning agreements and other dealings with NASCAR. Kentucky Speedway had to request the court's permission for it to travel more than 100 miles to subpoena companies not involved in the complaint.

SMI and Dover Motorsports had filed objections to the request and likely would have filed more motions objecting to the broad nature of the subpoenas.

In its withdrawal of its request, Kentucky Speedway asserted that it believes it had valid reasons to issue such subpoenas but was dropping its request "to avoid any undue delay in the discovery process and to resolve the dispute over third-party document subpoenas extra-judicially."

Kentucky Speedway alleges that NASCAR and ISC illegally conspire to keep Nextel Cup dates away from non-ISC tracks. NASCAR, the privately owned company by the France family that sanctions races, and ISC, the publicly traded track operating company whose majority of stock is owned by the France family, deny those allegations.

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