Miami trio sue Simon Cowell for bouncing them off 'The X Factor'

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Simon Cowell's The X Factor promises to be bigger and better than American Idol ever was, and it's going to great lengths to prove it: It's already been sued by somebody who didn't make the cut. Reality TV sure moves fast these days.

Hyman Marks, 86, and his son Stephen, 54, and wife Helen, 78, filed a suit against the show after producers unfairly tuckered them out so they couldn't perform, TheWrap.com reports. Apparently they had made it through several rounds of auditions in Miami when producers asked them to shoot an extra segment, since Hyman and Stephen were a father-son act.

The family alleges they were forced to film a walk from a car to the Bank United Center several times, and teh 96-degree heat, Hyman being 86 and Stephen having asthma took their toll and ruined the duo's chances. "As a result of this grueling and discriminatory physical and mental exertion, the judges and the audience never got to see the real Hy Marks and Stephen Marks that day," according to the suit.

Cowell voted no on Hy and Stephen, allegedly because he thought Hyman wouldn't be able to stand up to life on the road as a performer, which stands to reason if he can't even walk around in Miami a few times. The Marks family claimed negligence, fraudulence of representation and mental anguish on the part of Fox, Cowell and The X Factor, and want another audition -- or $1 million for Hy, Stephen and Helen if they don't. That sounds perfectly reasonable, right?

[Photo: Getty Images]

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[Last modified: Tuesday, August 9, 2011 2:42pm]

    

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