Eminem Fights Off Former Schoolmate

08/05/2003 at 01:00 AM EDT

He'll take the Grammy and the Oscar, but Eminem is ready to clean out his court docket.

The Detroit-born rapper, 30, is asking a Macomb County, Mich., judge to dismiss a $1 million lawsuit by former schoolmate DeAngelo Bailey, who claimed that his reputation was damaged by one of Eminem's songs, reports the Detroit News.

Eminem (real name: Marshall Mathers III) is due to appear before Judge Deborah Servitto in Circuit Court on Aug. 18 to seek a dismissal of the case, the paper says.

Bailey, who lives in Roseville, Mich., is suing over the track "Brain Damage," which singled him out by name as a school bully. He alleges that the song ruined his reputation and damaged his own attempts to launch a music career.

Eminem's lawyer, Peter Peacock, who claims the lyrics in the song are true, has filed a dismissal motion, accusing Bailey -- who was in Eminem's fourth- and sixth-grade classes at Roseville's Dort Elementary School -- as trying to cash in on his client's fame.

In 1982, Eminem's mother Debbie Mathers sued Dort Elementary, claiming the beatings had caused her son headaches and nausea and led to a tendency towards anti-social behavior. That suit was dismissed.

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