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- ╓ NATION, Page 42The Cup Turneth Over
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- San Diego loses yachting's biggest prize -- in a courtroom
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- Time was when yachting seemed the last preserve of the
- gentleman athlete. All that changed in the 1980s, as the sport
- bred enough litigious excess to make Horatio Hornblower reach
- for the Dramamine. The latest episode in the salty soap opera
- better known as the America's Cup series came last week, when
- a New York Supreme Court justice stripped the San Diego Yacht
- Club of the sport's most coveted prize.
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- The controversy began sailing toward the court in 1983,
- when, for the first time since the competition started in 1851,
- America lost the America's Cup to a high-tech upstart from
- Australia. Four years later blustery Dennis Conner, losing
- skipper in the duel with Australia, regained the trophy in a
- rousing victory Down Under. But Conner offended losing New
- Zealand when he accused its crew of cheating by racing in a
- fiber-glass boat.
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- Michael Fay, head of the New Zealand team, decided to
- strike back. Citing a provision in the deed of gift, which sets
- out guidelines for the competition, he challenged the U.S. to
- a one-on-one rematch. San Diego had not planned on a defense
- until 1991. But Justice Carmen Ciparick of the New York Supreme
- Court, which oversees the deed, upheld New Zealand's rogue
- challenge.
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- Complicating matters further, Fay decided to race the U.S.
- in a 132-ft. monohull, instead of a 12-meter (65-ft.) boat like
- those used since 1958. With time running out, Conner and his
- team knew they could not design a sufficiently speedy monohull
- vessel of their own. So Conner opted for a smaller, swifter,
- multihulled catamaran. Justice Ciparick decided to wait to see
- the outcome of the race before ruling on the legitimacy of the
- U.S. entry.
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- As expected, the U.S. catamaran blew New Zealand's monohull
- out of the water in September 1988. Fay then filed suit,
- charging that the U.S. had violated the deed of gift's
- requirements for a "fair match." Enter the New York Yacht Club
- -- the Cup's custodian for the first 132 years of its existence
- -- which filed an affidavit supporting New Zealand's charge.
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- Last week Ciparick ruled that Conner's catamaran had
- created a "gross mismatch." The decision gave the America's Cup
- to New Zealand, which will host the next competition in 1991,
- and torpedoed San Diego's hopes for a $1.2 billion bonanza
- during the six-month competition. Conner, ironically, was in New
- Zealand last week filming a commercial for a new board game
- called Cup Fever. "I'm a sailor," he declared. "It offends me
- to see attorneys debating America's Cups in the courts. The Cup
- should be fought on the water." Amen.
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