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Tesla's Musk gloats over Eberhard ruling

Judge strikes down request that former CEO Martin Eberhard be declared one of only two founders of the automotive start-up.

The Tesla Roadster Tesla Motors

A San Mateo County Superior Court judge on Wednesday denied former Tesla Motors CEO Martin Eberhard's request that he be declared one of only two Tesla founders, according to a statement released by Tesla Motors late Wednesday night.

"We agree that Eberhard's claims on the question of who founded Tesla have no merit. We look forward to proving the facts in court as soon as possible and setting the historical record straight," Tesla's current CEO Elon Musk said in a statement.

The ruling is in keeping with Tesla's claim that the company was founded by a team of several people, including Musk, rather than just two men.

The court ruling and subsequent press release are just the latest volley in an ongoing public battle of words on the Internet and facts in the courtroom between Tesla and Eberhard.

Eberhard is suing Tesla and Musk for libel andbreach of contract.