PHOENIX AP A judge ruled that Olympic gold medalist Gary Hall is eligible to swim in an international competition despite a marijuana-related suspension that is scheduled to run through Dec. 12. U.S. federal court Judge Roger Strand issued a temporary restraining order Monday allowing Hall to compete but set a hearing for 7:15 a.m. 1415 GMT Tuesday to give FINA swimming's world governing body a chance to respond. FINA secretary Gunnar Werner said he would argue that Hall's appeal should be dismissed and the remainder of his suspension upheld. Werner said the court should have no jurisdiction in the case. In addition the Swiss-based Court of Arbitration of Sport CAS issued a ruling Monday rejecting Hall's request for a temporary restraining order. ``Our position is that FINA rules are prevailing in a case like this'' Werner said Tuesday in a telephone interview from Sweden. ``Our position is the court in the U.S. is not competent. The last instance of appeal is the CAS. Also FINA has its seat in Switzerland and is covered by Swiss law.'' What if the U.S. court rules in Hall's favor? ``I think we would have to accept that'' Werner said. ``The only thing we could do is appeal and that would take too long. We would have to live with such a decision.'' Werner said the case underscores the continuing battle between international sports federations and national courts especially in the United States over who controls sport. ``Our position is that FINA rules should prevail all around the world'' he said. ``But what can we do if a national court makes a ruling? We can only fight for our position.'' Hall who lives in Phoenix won gold medals as part of the U.S. 400-meter freestyle and 400 medley relay teams in the 1996 Atlanta Games. He also won silver medals in the 50 and 100 freestyle. He was scheduled to compete in Tuesday's World Cup competition and later this week in the U.S. Open Competition both in College Station Texas. His attorneys argued that both competitions are essential to Hall's preparation and qualification for the 2000 Olympics and to his efforts to secure endorsement contracts. A ruling denying Hall permission to compete would be ``devastating not only to his career but financially'' attorney Ed Hendricks told Strand during a one-hour hearing. Hall was temporarily suspended in July after FINA said he tested positive for marijuana during a May 15 competition in Phoenix. That prevented Hall from swimming in the Goodwill Games and the U.S. Senior Nationals. The federation delayed the suspension in August to allow a hearing after Hall appealed the sanction. During a Nov. 6 hearing Hall received a three-month suspension from FINA's doping panel for testing positive for marijuana. That suspension was effective Nov. 12. FINA then deducted two of the three months already served by Hall during the temporary suspension which left him with 30 more days to serve. APW19981201.0077.txt.body.html APW19981201.0943.txt.body.html