PHOENIX AP Olympic champion Gary Hall was cleared on Tuesday to swim in a World Cup meet despite a marijuana-related suspension scheduled to run through Dec. 12. U.S. District Judge Roger Strand who issued a temporary restraining order Monday allowing Hall to compete stuck by his ruling after giving FINA swimming's world governing body a chance to respond. Raymond Lembke a lawyer for FINA told Strand that Hall's appeal should be dismissed and the rest of his suspension upheld. He said the court should have no jurisdiction in the case. On Monday the Court of Arbitration of Sport in Switzerland rejected Hall's request to temporarily place the suspension in abeyance. ``Our position is that FINA rules are prevailing in a case like this'' FINA secretary Gunnar Werner said Tuesday from Sweden. ``Our position is the court in the U.S. is not competent.'' Werner said an appeal would take too long and he will have to abide by the decision. He added that the case underscores the continuing battle between international federations and the courts particularly in the United States. ``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 Friday's World Cup competition and later this week in the U.S. Open meet both in College Station Texas. His lawyers argued that both competitions are essential to Hall's bid to compete in the 2000 Olympics and secure endorsements. A ruling denying Hall permission to compete would be ``devastating not only to his career but financially'' lawyer 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. During a Nov. 6 hearing Hall received a three-month suspension from FINA's drug 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. APW19981201.0657.txt.body.html APW19981201.0985.txt.body.html