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New trial date set in fen-phen case



New trial date set in fen-phen case
July 17, 2008 3:15 PM


A federal judge has set Oct. 14 as the start of a retrial for two Lexington lawyers charged in a diet drug settlement case.



The Lexington Herald-Leader reported the retrial will likely be pushed back after federal prosecutors said at a court hearing Wednesday that they might seek additional charges against attorneys William Gallion and Shirley Cunningham Jr.

Defense lawyers also told the court an October trial would likely conflict with their schedules.

A federal grand jury indicted Cunningham, Gallion and Melbourne Mills Jr. in June 2007 on one count each of conspiracy to commit wire fraud.

At the initial trial in Covington, the jury acquitted Mills, but deadlocked on charges against Cunningham and Gallion.

The men were accused of keeping $65 million that should have gone to plaintiffs in a $200 million settlement over the diet drug fen-phen.

The judge also said he plans to move the case to Frankfort.

Information from: Lexington Herald-Leader, http://www.kentucky.com








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