A federal appeals court has upheld the decision by Churchill Downs stewards that made Country House the winner of the 2019 Kentucky Derby.

The U.S. Court of Appeals for the Sixth Circuit in Cincinnati on Friday affirmed a U.S. District Court decision to dismiss a lawsuit by Gary and Mary West, who own Maximum Security. Their horse crossed the finish line first in last year’s Derby but was disqualified for interference. Runner-up Country House was declared the winner.

“I am obviously disappointed in the court’s decision, but it is time to move on and there will be no further appeals,” Gary West said in a text message to The Associated Press.

The Wests sued the Kentucky Horse Racing Commission, its executive director, members and stewards after the race in May 2019. In November, federal Judge Karen Caldwell dismissed their suit seeking to challenge the decision to disqualify their horse.

The Wests sought to reverse the track stewards’ decision, contending it violated their rights to due process. They also wanted the $3 million Derby purse redistributed.

This year’s Derby is Sept. 5 after being rescheduled because of the coronavirus pandemic.


FOOTBALL: Big Ten coaches, athletic directors and medical personnel are working on multiple plans for staging a football season – including one that would have the league kicking off as soon as Thanksgiving weekend.

The Big Ten announced on Aug. 11 it was postponing its fall football season because of concerns about playing during the COVID-19 pandemic. The Pac-12 and some smaller conferences soon followed suit.

The Big Ten and first-year commissioner Kevin Warren have faced push back and criticism ever since, including a lawsuit filed by eight Nebraska players who want the decision overturned.

• Seven members of the Kansas State football team have tested positive for COVID-19 in the first outbreak since the Wildcats convened for summer workouts in June.

The Wildcats will continue to practice for the season opener Sept. 12 against Arkansas State.

MEN’S BASKETBALL: Lute Olson, the Hall of Fame coach who turned Arizona into a college basketball powerhouse and led the program to its lone national title in 1997, has died. He was 85.

Olson’s family said he died Thursday evening. The cause of death wasn’t given.


EUROPEAN TOUR: South African golfer Justin Walters shot 1-under 71 to stay in the lead after the second round of the U.K. Championship in Birmingham, England.

On a rainy day at The Belfry, Walters was unable to follow up his 64 in the opening round and saw his lead cut from three strokes to one.

An impressive par save on the last hole moved him to 9 under overall, just ahead of Benjamin Hebert of France (69). Paul Waring of England was a shot further back after a 67.

LPGA: Jackie Stoelting returned from a 14-month maternity break to take a share of the first-round lead at the Walmart NW Arkansas Championship in Rogers, Arkansas.

Stoelting shot a bogey-free 7-under 64 – playing her first nine in 5-under 30 – to join Anna Nordqvist and rookie Esther Lee atop the leaderboard.


WNBA: Rookie Crystal Dangerfield scored 23 points, Napheesa Collier had 19 points and 12 rebounds and the Minnesota Lynx beat the Atlanta Dream, 88-79 in Bradenton, Florida.

The game was the first of three in the WNBA bubble Friday after play was postponed the previous two days following the weekend shooting of Jacob Blake.

• Chelsea Gray scored a season-high 27 points, Nneka Ogwumike added 17 points and the Los Angeles Sparks beat the Connecticut Sun, 80-76.


XFINITY: Justin Haley won the Xfinity Series race at Daytona International Speedway after his teammates wrecked on the final lap.

AJ Allmendinger was leading when Kaulig Racing teammate Ross Chastain tried to make a move on the inside. Chastain made contact with Allmendinger, turning him sideways and collecting both. Austin Cindric also was involved.

Haley slipped through and took the checkered flag.

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