The National Collegiate Athletic Association and Villanova University have asked a federal court to dismiss a former college football player’s lawsuit alleging that he is owed wages for his time as a scholarship athlete for the school.

The NCAA and Villanova on Monday filed a summary judgment motion in Livers v. National Collegiate Athletic Association. The lawsuit, which raises claims under the Fair Labor Standards Act, had been granted a green light in July after U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania determined that plaintiff Lawrence “Poppy” Livers made a plausible argument that scholarship athletes, like work study students, qualify as students under the FLSA.

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