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CHARLOTTE, N.C. -- Jeremy Mayfield was back in court Thursday.

The former NASCAR driver is suing NASCAR over a failed drug test in May 2009. He was suspended after a positive result for methamphetamine.

Mayfield denies doing drugs.

Thursday a judge said he won't make any decisions about the case until NASCAR CEO Brian France gives his deposition in January.

There is a question over whether France's primary residence is in North Carolina or Florida. That will determine where the case will be heard.

Mayfield's legal team wants it to stay in North Carolina. NASCAR is pushing for a Florida trial.

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