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The case relates to a period of unpaid rent at the back end of 2006, with a source at Rotherham's County Court confirming the hearing is set for Monday 5th February.
The Millers rent all training and ground facilities from the Booth company, a lease agreement undertaken by the previous owners of the club, the Millers 05 group.
Now it seems, as the council remain locked in a stranglehold with the Booth's about buying and possibly relocating the club's home, that it could be in jeapody all together.
Rotherham United have declined to comment for legal reasons at the moment, while the Booth family and representatives were said to be unavailable to make a statement.