NEW ORLEANS (AP) -Lawyers for a former St. Louis Rams player and three fans plan to withdraw a lawsuit that accuses the New England Patriots of cheating in the 2002 Super Bowl.
In court papers filed Monday, the plaintiffs' attorneys say they sued last month in an attempt to secure sworn testimony from former Patriots employee Matt Walsh, who allegedly taped a walkthrough practice by the Rams before New England's Super Bowl win.
But the lawyers for former Rams player Willie Gary call it an ``exercise in futility'' because they suspect Walsh would exercise his constitutional right against self-incrimination if he is ordered to submit to a deposition.
On Monday, they asked a federal judge in New Orleans to dismiss the case. The Louisiana Superdome hosted the 2002 Super Bowl, which the Patriots won 20-17 on a last-second field goal.
Eric Deters, one of Gary's attorneys, said they are reserving their right to refile the suit if they learn more about Walsh's alleged role in the Spygate episode.
On Sunday, the NFL announced that lawyers for Walsh and the league are nearing an agreement that would allow Walsh to be interviewed and turn over information to the NFL.
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