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O.J. Simpson, alleging that privileged confidences from his murder defense team are about to be passed on to millions of television viewers, failed to win emergency intervention Tuesday in Los Angeles Superior Court. Judge David Yaffe denied a temporary restraining order to stop producer-director Lawrence Schiller from distributing “American Tragedy: The Uncensored Story of the Simpson Defense,” a miniseries scheduled to air later this year on CBS. The judge set a Sept. 6 hearing on a possible preliminary injunction sought by Simpson’s attorneys from San Francisco’s Gross & Belsky. Simpson also sued for damages, alleging breach of contract and fraud against Schiller and lawyer Robert Kardashian, a former Simpson friend who was part of his defense team. The suit contends that Schiller and Kardashian misled Simpson’s other attorneys into giving Schiller interviews by promising them that no confidences would be revealed in a book Schiller was writing — and that Simpson would have the final say over what the book contained. However, Simpson’s suit says he wasn’t given a chance to read a draft of the book, and that it revealed information he wanted kept private. Random House published “American Tragedy” in 1996. Simpson attorney Adam Belsky said his client didn’t try to stop the book at the time because — although by then Simpson had been acquitted of the murders of Nicole Brown Simpson and Ron Goldman — he was immersed in a civil trial. Schiller is represented by Gary Bostwick of the Los Angeles office of Davis Wright Tremaine. A spokesman, Harry Clein, said Schiller had no comment. Kardashian could not be reached, and his attorney, sole practitioner Erica Tabachnick, was unavailable. A CBS spokeswoman, Susan Marks, said the miniseries is in its last two weeks of filming. Actors Ron Silver, Christopher Plummer, and Ving Rhames are cast as attorneys Robert Shapiro, F. Lee Bailey, and Johnnie Cochran.

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