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Major League Baseball attorney, others excused from testifying in McCourt case

September 21, 2010 |  7:58 pm

The top lawyer for Major League Baseball has been excused from testifying in the divorce trial between Frank and Jamie McCourt.

Thomas Ostertag, general counsel for MLB, had been expected to testify that baseball considered Frank the sole owner of the Dodgers and that Jamie had signed MLB documents that listed him as the sole owner.

Jamie has asked Los Angeles County Superior Court Judge Scott Gordon to declare the Dodgers community property, in the process invalidating an agreement that Frank says makes the team his and his alone.

Gordon, who has been pushing lawyers on both sides to accelerate the trial, ruled Tuesday that Ostertag and five other scheduled witnesses need not testify.

Larry Silverstein and Reynolds Cafferata, attorneys who worked on drafting the now-disputed marital property agreement, are scheduled to testify Wednesday. Silverstein also testified Tuesday.

The remaining witnesses are expected to be Dodgers Chief Financial Officer Peter Wilhelm; McCourt Group Executive Vice President Jeff Ingram; McCourt accountant David Merfeld; and Corey Busch and Robert Leib, two consultants who worked with the McCourts as they prepared to take control of the Dodgers from Fox in 2004.

-- Bill Shaikin at Los Angeles County Superior Court

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