FRISCO, Texas _ Dallas Cowboys running back Ezekiel Elliott's availability for Sunday's game against the Atlanta Falcons might come down to the wire again this week.
But this time, there might be a final decision for the rest of the season.
The Second Circuit U.S. Court of Appeals, who granted Elliott an administrative stay of his six-game suspension for violating the NFL's personal conduct policy last Friday, has scheduled a hearing at 1 p.m. Thursday on his appeal of Southern District Judge Katherine Failla's denial of his request for a preliminary injunction.
A three-judge panel will hear the case and could rule from the bench, return a decision by Friday or it might take a few days.
Elliott will be allowed to practice and play with the Cowboys until a decision is made.
If he is granted a preliminary injunction by the appeals court, then he will likely be able to play with the Cowboys for the rest of the season while the case goes through the court system.
If Failla's ruling is upheld, then Elliott will be suspended immediately.
Elliott missed two days of practice last week after Failla's decision Monday reinstated the suspension that was initially announced Aug. 11.
The Second Circuit granted him an emergency stay, pending the appeal Friday.
Elliott rushed 27 times for 97 yards and a touchdown on short notice in the Cowboys 28-17 victory over the Kansas City Chiefs on Sunday.
It was the continuation of a season-long process after Elliott was granted a preliminary injunction, blocking the suspension, from a district judge in Sherman, Texas, the Tuesday before the season opener.
He played five games before that decision was thrown out by Fifth Circuit U.S. Court of Appeals because of improper jurisdiction by the Texas court.
He was then granted a temporary restraining order by a sit-in judge in the Southern District while Failla was on vacation, allowing him to play two more games, setting the stage for the legal maneuvers of the past seven days.
He rushed for 150 yards in a 33-19 victory against the Washington Redskins on Oct. 29 only to have Failla reject his request for an injunction Oct. 30.
Then he was granted the administrative stay four days later, on Nov. 3. He returned to practice the same day and played Sunday against the Chiefs.
