nd the Orlando Magic rallied to beat

MINNEAPOLIS -- A $4 billion lawsuit from the players union accusing NFL team owners of setting a secret salary cap in 2010 was kept alive by a federal appeals court Friday as the sniping between the two sides persists long after the end of the lockout. The 8th U.S. Circuit Court of Appeals in St. Louis partially reversed a federal judges order that had rejected the unions collusion claim, sending the case back to U.S. District Judge David Doty for further proceedings. The three-judge appeals court panel that heard oral arguments in January disagreed with Doty on one of the unions two arguments for pursuing damages despite the 2011 collective bargaining agreement that was supposed to relinquish the unions right to sue for alleged breaches of the old CBA. The NFL called the appeals court decision "entirely procedural in nature" and said its "far from validating" the claims of the NFL Players Association. "The Court specifically highlighted the heavy burden that the NFLPA faces in establishing this claim, and we remain highly confident that the claim will be dismissed yet again," the NFL said in a written statement. The league, however, could be forced to make public otherwise-confidential financial and strategic information in court, which the union has pushed for all along. "We are pleased that the Eighth Circuit ruled that players have the opportunity to proceed with their claims," the NFLPA said. "Through discovery and a hearing, we can understand how collusion took place. We have notified the NFL of its obligations to preserve all relevant documents and communications." The collusion claim seeking at least $4 billion in relief for the players was originally filed in May 2012, less than a year after the new CBA was implemented following a five-month lockout. The final year of the prior CBA was supposed to be "uncapped," but the union cited public references by New York Giants owner John Mara and NFL Commissioner Roger Goodell as evidence that a salary cap existed and claimed a loss of $1 billion in cumulative compensation. Dallas and Washington were penalized for overloading contracts in that 2010 season despite league warnings, and the NFL in 2012 penalized them by taking away $10 million in cap space from the Cowboys and $36 million from the Redskins. Dotys oversight of the 1993 Reggie White class-action settlement was marked by mostly player-friendly rulings. The league lost enough key decisions under his jurisdiction that it twice tried to have him removed from his role as the sports legal referee, alleging impartiality. But in December 2012 he handed the union a rare defeat, pointing to the new CBA language that dismissed all prior claims and prevented the players from reopening the White settlement that served as the backbone for the old CBA to sue. The NFLPA appealed soon after. The 8th Circuit panel -- chief judge William Riley and circuit judges Roger Wollman and Bobby Shepherd -- has traditionally tilted pro-business, but this was a win for labour. The appeals court sided with Doty in ruling the alleged collusion did not invalidate the 2011 dismissal of claims because the settlement has been treated more like a contract than a true class action. However, the appeals judges disagreed with Doty on this: Under a federal rule authorizing relief in exceptional cases where the party being sued disingenuously reached the settlement, the union should be allowed to argue the merit of its lawsuit despite the 2011 dismissal. "The Association bears a heavy burden in attempting to convince the district court that the dismissal was fraudulently procured," the judges wrote. "We hold only that the Association should be given the opportunity to meet this burden." Vans Old Skool Sale . Follow all the action live on TSN Radio 1050 in Toronto, TSN Radio 690 in Montreal, TSN Radio 1260 in Edmonton and TEAM 1410 on Friday at 3pm et/Noon pt. Cheap Old Skool Vans . Early in the first period, Stuart pinched in from the blue line, hit Nash and was assessed a minor penalty for elbowing. Nash remained in the game for the rest of the first period, but did not return for the second. http://www.cheapoldskoolaustralia.com/. - Tiger Woods only made it through 10 holes Thursday — this time because of the weather, not his back. Old Skool Australia Cheap . Or take a relaxing vacation somewhere warm. Brayden Schenn and Scott Hartnell scored, Ray Emery stopped 32 shots and the Flyers beat the Calgary Flames 2-1 on Saturday for their fourth straight victory. Vans Old Skool Australia . THE THUNDER & PACERS BENCHES: In a nutshell, not impressive at all.ORLANDO, Fla. - The Magic played some of their best basketball of the season against one of the Easts top teams earlier this week to break out of a six-game losing streak.They picked up where they left off against one of the Wests best.Victor Oladipo had 32 points, Nik Vucevic added 25 and 12 rebounds, and the Orlando Magic rallied to beat the Houston Rockets 120-113 on Wednesday night.The win was Orlandos second straight, and snapped a four-game Rockets winning streak. It was the second consecutive 30-point game for Oladipo, who had 33 in the Magics win at Chicago on Monday.I think it took time but weve figured out how to play, Oladipo said. Now that weve figured it out, we cant change it.Elfrid Payton and Channing Frye each added 15 points. Orlando improved to 11-1 this season when scoring 100 points or more.Magic coach Jacque Vaughn said reaching 120 points for the second consecutive game is a hopeful sign for a team that only reached 100 points 10 times in its first 40 games.Its a part of basketball — the ball goes through the hole and it carries over to the other end of the floor, Vaughn said.Houston led 85-84 entering the fourth quarter, but was outscored 36-28 by the Magic in the final 12 minutes.James Harden had 26 points and 10 assists to lead Houston. Dwight Howard added 23 points and eight rebounds. Howard is now 3-2 against his former team.The Rockets shot 50 per cent for the game, but were just 9 for 20 in the fourth quarter.They got wherever they wanted to with the ball, Rockets coach Kevin McHale said. We couldnt stop them.The Rockets made an effort to deny Vucevic touches in the fourth quarter, forcing the Magic to look other places for offence.Meanwhile, Houston pushed the action and took a 107-104 lead on a layup by Donatas Motiejunas.The Magic quickly responded, with back-to-back baskets by Paayton and a 3 by Channing Frye to nudge back in front 111-107 with 1:20 to play.ddddddddddddFollowing a Rockets basket, Vucevic was finally free underneath for a layup, and was fouled. He converted on his free throw to complete the three-point play to make it 114-109 with less than a minute remaining. Houston called timeout.Payton forced a steal out of that timeout, and found Oladipo for an uncontested two-handed dunk.It was a big finish for Payton, who was 1-for 7 from the field entering the final quarter, but was 4-for-4 in fourth with a pair of assists.Frye said he thinks his team is figuring out some chemistry offensively.Were playing kind of a new-age basketball with two guards that are attackers, and when youve got floor space, that creates (opportunities) for each other, he said.___TIP-INSRockets: Outscored the Magic 64-54 on points in the paint. ...Finished with 17 turnovers that led to 22 Magic points.Magic: Vucevic posted a NBA-leading 24th double-double. ...F Tobias Harris sat out for the third straight game with a sprained left ankle. ...Rookie G Devyn Marble started in his place for the third consecutive time in a three-guard look for Orlando.THE OTHER FOOTBALLFour international soccer teams — UEFA Champions League club Bayer 04 Leverkusen, three-time German champion FC K?ln, two-time FIFA World Champion SC Corinthians Paulista and four-time Brazilian champion Fluminense FC — attended Wednesdays game. They are playing in the Florida Cup at Disneys ESPN Wide World of Sports on Jan. 15 and at EverBank Field in Jacksonville Jan. 17. Magic officials said 120 international media members were credentialed for a halftime challenge between the teams.UP NEXTRockets: Host Thunder on Thursday.Magic: Host Memphis on Friday.___Follow Kyle Hightower on Twitter at http://www.twitter.com/khightower ' ' '