TOLEDO, Ohio -- A court in Ohio has tossed out an appeal by the NCAA that sought to uphold its rule banning college baseball players from hiring advisers to negotiate with big-league clubs.
The Sixth District Court of Appeals dismissed the appeal Wednesday because the case hasn't been settled in a lower court regarding a claim for damages.
The case involves Oklahoma State pitcher Andrew Oliver, considered to be one of the nation's top college pitchers.
Oliver was ruled ineligible by the NCAA last spring because it says advisers he hired listened in on contract negotiations after he was drafted by Minnesota in 2006. An Ohio judge reinstated Oliver in February and struck down the NCAA rule.
The NCAA says it will refile its appeal.