Duke Giuliani lawsuit dismissed?

DURHAM That according to legal documents posted on the Smoking Gun website.

Andrew Giuliani sued Duke last July, claiming he was improperly cut from the school's golf team and that the coach violated a contract he entered when he agreed to come to the university and pay $200,000 in tuition and fees.

Duke said Giuliani was properly dismissed from the golf team and was never promised a spot on the squad. In its filings, the school said the then 22-year-old was suspended after throwing an apple in the face of another player, breaking a golf club during a tournament, injuring a teammate and becoming verbally abusive with a coach.

Giuliani's lawsuit said the allegations were fabricated as Coach O.D. Vincent III tried to shrink the size of the team.

In his opinion, Magistrate Judge Wallace W. Dixon says Duke and Giuliani didn't have a legal contract, and therefore the school didn't break it by dismissing him from the team.

Dixon's opinion will now likely be adopted by a U.S. District Court judge.

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