LOUISVILLE, Ky. (AP) — A judge has denied a request by the owner of Bob Baffert-trained Arkansas Derby winner Muth for the colt to run in next month’s 150th Kentucky Derby at Churchill Downs.

Jefferson County Circuit Judge Mitch Perry declined Thursday to grant a temporary injunction to Zedan Racing Stables, which had argued that the ban of Baffert was “illegal.”

Muth won the Arkansas Derby on March 30 but is ineligible to receive the 100 points that would have put him in the Run for the Roses because of Baffert’s suspension. ZRS sued Churchill Downs days later.

In his ruling, Perry expressed concern about “innocent third parties” having to remove eligible horses from the Derby on May 4 to accommodate the horse trained by the Hall of Famer, whose suspension by Churchill Downs was extended through 2024.

Eric Andrus, a spokesman for ZRS, said an emergency appeal would be filed “as soon as possible.”