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Colin Kaepernick‘s fight against NFL owners is heading to trial.

An arbitrator declined to dismiss the NFL’s contention that league owners did not collude against Kaepernick to keep him out of the NFL last season.

Per Yahoo:

The decision comes in the wake of a summary judgement hearing in which the NFL argued Kaepernick’s attorneys did not have the evidence to meet an appropriate standard proving a collusive effort to keep the former San Francisco 49ers quarterback out of the league.

Both sides filed arguments that included giving arbitrator Stephen Burbank the evidence each had produced in discovery. Those arguments led Burbank to determine the case should move forward, a clear loss for the NFL.

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