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NASCAR Sprint-Cup Series
CUP: Mayfield Injunction Dropped At Suspended Driver’s Request
Bob Pockrass  | http://www.scenedaily.com  |  Posted November 24, 2009   Charlotte, NC
Jeremy Mayfield says things are going as good as they can be as his lawsuit against NASCAR continues. (Photo: LAT Photographic)

The U.S. District Court judge who initially granted an injunction that lifted driver Jeremy Mayfield’s suspension for what NASCAR says was a May 1 drug test that was positive for methamphetamines has rescinded the injunction at Mayfield’s request.

U.S. District Court Judge Graham Mullen vacated the injunction in a three-sentence ruling Monday.

Mayfield never did get back on the track after obtaining the July 1 injunction that lifted his May 9 suspension. The U.S. Court of Appeals granted NASCAR’s request for a stay of the injunction July 24, and Mayfield has been suspended since then and has sold his team. Mayfield then requested that the injunction be permanently dropped so the case can move quickly. The earliest a trial would be is September 2010, and the only consequence for not having the injunction is that Mayfield would not be able to race in NASCAR until a decision is made at trial.

Last week, NASCAR filed a motion it hopes will end Mayfield’s lawsuit by asking Mullen to rule on the filings instead of there being more investigation into the issues. Mayfield has yet to file a response to that motion, but his attorney has called that motion a desperate move.

Mayfield, who qualified for five of the first 11 Sprint Cup races this season after starting his own team and who has 433 career series starts, is the only Sprint Cup driver who has failed a random drug test this year. He claims his test results came from his taking the prescription drug Adderall and over-the-counter allergy medication Claritin-D.

SceneDaily.com • Two teams two tracks file claims with former General Motors
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