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Elliott's injunction appeal hearing set Thursday in New York federal court

Clarence E. Hill Jr., Fort Worth Star-Telegram on

Published in Football

FRISCO, Texas -- Dallas Cowboys running back Ezekiel Elliott's availability for Sunday's game against the Atlanta Falcons might come down to the wire again this week.

But this time, there might be a final decision for the rest of the season.

The Second Circuit U.S. Court of Appeals, who granted Elliott an administrative stay of his six-game suspension for violating the NFL's personal conduct policy last Friday, has scheduled a hearing at 1 p.m. Thursday on his appeal of Southern District Judge Katherine Failla's denial of his request for a preliminary injunction.

A three-judge panel will hear the case and could rule from the bench, return a decision by Friday or it might take a few days.

Elliott will be allowed to practice and play with the Cowboys until a decision is made.

If he is granted a preliminary injunction by the appeals court, then he will likely be able to play with the Cowboys for the rest of the season while the case goes through the court system.

If Failla's ruling is upheld, then Elliott will be suspended immediately.

Elliott missed two days of practice last week after Failla's decision Monday reinstated the suspension that was initially announced Aug. 11.

The Second Circuit granted him an emergency stay, pending the appeal Friday.

Elliott rushed 27 times for 97 yards and a touchdown on short notice in the Cowboys 28-17 victory over the Kansas City Chiefs on Sunday.

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