Back in May St. Paul's Episcopal School filed a civil lawsuit against the Alabama High School Athletic Association calling the court to abolish the 'competitive balance’ rule.

The lawsuit said the rule penalizes some private school teams for being successful and puts their athletes in harm’s way.

Today the case finally went to federal court.

The ASHAA asked a federal judge to dismiss the lawsuit.

After more than three hours of arguments, the judge asked for a 10-page brief from both sides by next Friday and said he would make a ruling as quickly as possible.

We tried to get a comment from both parties today neither side wanted to talk.

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