ESPN College Football

Less than two days before three Colorado state appellate court judges are set to hear oral arguments in the case of Olympic skier and Buffaloes football player Jeremy Bloom against the NCAA, Bloom's lawyers entered documents that could lead to a reversal in the case.

In August, a Colorado district court judge denied Bloom's petition for a temporary injunction that would have allowed him to earn endorsement-related income as a ranked skier while maintaining his collegiate eligibility in football.

The documents include affidavits signed by San Diego Chargers wide receiver Tim Dwight and his agent, Jack Bechta. Both attest that Dwight was permitted by the NCAA to earn endorsements as a professional football player and still participate as an amateur with his college track team.

Bloom's lawyers, who would not comment on the matter, contend in the motion that by making Dwight eligible five years ago NCAA officials set a precedent that it failed to abide by in its ruling against Bloom. After being denied permission to accept skiing-related endorsements and play college football, Bloom filed suit against the college sports' governing body in August 2002.

Bloom's attorneys have pointed to NCAA Bylaw 12.1.2, which states that an athlete can be professional in one sport and amateur in another. But lawyers for the NCAA have maintained that the NCAA has never allowed any athlete to keep any endorsement money, regardless of sport, and retain their eligibility.

Dwight was signed to a three-year deal by the Atlanta Falcons, who drafted him in the fourth round (114th overall) in the 1998 NFL Draft. Under NCAA rules, he was allowed to collect his $225,000 signing bonus and $1.4 million salary for the 1998 season, but he also earned more than $14,000 from promotional activities, including a car and trading card deal, which Dwight's agent said the NCAA allowed before his return to the University of Iowa's track team.

"Tim had the checks ready to go," said Bechta, who negotiated the deals for Dwight. "He was willing to give up whatever he had to to make himself eligible again."

Dwight was prepared for a legal fight after the NCAA declared him ineligible. But it reinstated him in April 1999, requiring him to return only money he later received from an autograph signing in Iowa City, Iowa, since he was autographing pictures of himself in his college uniform.

But NCAA spokesman Jeff Howard said that the Dwight case shouldn't serve as any kind of precedent for the Bloom case.

"We got letters from Mr. Dwight's lawyer [Bechta] sent to individuals to cease-and-desist using him in promotional activities," Howard said. "If there was any indication that those relationships would continue, he would never have been allowed to compete in the capacity of a collegiate athlete again."

Instead, Dwight competed and won three medals in the 1999 Big Ten Championship and was named the "Athlete of Meet."

Bechta told ESPN.com that the NCAA never asked him or Dwight to make sure all the relationships ended, but he did say he informed the NCAA at the time that Dwight would not participate in any promotional activities during the 1999 track season.

Howard also said that the two cases were different because Dwight was asking to be reinstated, while Bloom is asking to grant him a waiver to the rules.

Bechta disagreed.

"These two cases are extremely similar," Bechta said. "But Jeremy's case is more compelling because he isn't getting a multimillion contract like Tim received. He has to support himself."

Bloom, who turned 22 on Friday, is the defending world champion in dual mogul competition and, skiing part-time this year, finished ranked third in the overall World Cup standings.

Bloom gave up skiing endorsements "in the six figures," according to his agent Andy Carroll, in order to play two seasons of football at Colorado.

Under NCAA rules, Bloom could accept a stipend from The Ski and Snowboard Association. But Bloom felt he was unable to compete at a world-class level without additional income, so he announced last month that he was once again signing deals, including a eyewear endorsement with Bolle and an apparel endorsement with Under Armour.

Barring a reversal in the court system, those deals would make him ineligible to return for his junior season with the Buffs. The three judges that will hear the appeal could determine as early as Wednesday whether the new documents will be considered in the case. A final judgment is not expected on Wednesday.

Darren Rovell, who covers sports business for ESPN.com, can be reached at Darren.rovell@espn3.com