Cunningham signed a three‐year contract on August 5, 1969 to begin play with the American Basketball Association's Carolina Cougars in 1971–72. Contending that the Cougars had reneged on paying the remaining $80,000 of a $125,000 signing bonus due on May 15, 1970, he reversed himself and signed a four‐year, $950,000 contract extension to stay with the 76ers through 1974–75 on July 15, 1970. The Cougars' attempt to file an injunction against him was denied in United States District Court on September 24, 1971. The reversal of that judgment in the United States Court of Appeals months later on April 5, 1972 meant that Cunningham was obligated to honor his Cougars contract until its expiration in October 1974. He announced on June 15, 1972 that he was going to play with the Cougars beginning with the upcoming season at press conferences in Charlotte and Greensboro, North Carolina which occurred almost simultaneous to the Sixers' introduction of Roy Rubin as its new head coach.