Tuesday, July 1, 1997 | 9:38 a.m.
Lawyer Stephen J. Gugenheim filed a federal lawsuit Monday against Tyson and Don King Productions Inc. that he hopes will repay all the fight's pay-per-view buyers, with interest.
"The majority of the individuals who purchased the pay-per-view show from Don King Productions are upset," Gugenheim said. "They think they were scammed. There was supposed to be a fight and there wasn't a fight."
In the third round of Saturday night's fight, Tyson chewed off a chunk of Holyfield's right ear, then bit into the left ear and was disqualified.
Gugenheim claims in the eight-page complaint that Tyson "willfully and intentionally, knowing that it would result in his disqualification and thus the termination of the fight, bit Holyfield's ear again."
Ben Owens, another Dallas attorney, is listed as the lawsuit's plaintiff, but Gugenheim is asking for the case to be made a class-action so any of the estimated 2 million pay-per-view customers can try getting back their money.
At $49.95 or $59.95 per order, the lawsuit seeks actual damages of about $100 million to $120 million from Tyson and King Productions. Attorney's fees and interest could add to the total.
"The general consensus is that people were ripped off," Gugenheim said. "Neither Mike Tyson nor Don King Productions should get any money from that fight."
Nobody answered the telephone at the King Productions office in Las Vegas on Monday night. A recording said the voice mailbox was full.
This isn't the first time pay-per-view buyers of an abbreviated Tyson fight have screamed for a refund.
But Gugenheim said this case is different because Holyfield-Tyson I proved they were well-matched opponents. He said buyers knew there was still the chance for a fast finish, but one caused by fists, not teeth.
"After seeing the last Tyson-Holyfield fight you expected to see a fight with two of the best boxers in the world," Gugenheim said. "You didn't expect to see Mike Tyson bite Evander Holyfield's ear and get himself disqualified. That's not what the consumers paid $50 to see."
The lawsuit accuses Tyson of "tortious interference" for intentionally disqualifying himself. King Productions is accused of "breach of implied warranty" and "breach of contract" for having promoted a professional fight that was rather un-professional.
Gugenheim said the class may later be expanded to people who paid to watch the fight elsewhere - such as a bar that charged extra for the fight - although he noted that group would be more difficult to identify.
Gugenheim said he could file the lawsuit in Dallas' federal court because the fight was promoted and sold here.
Federal cases often take between one and two years before being heard. Class-action lawsuits can take even longer because of the difficult in finding all the plaintiffs.
Gugenheim was confident he would have his day in court.
"I have no doubt," he said, "we will get to a jury."
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