Opening statements set for fen-phen retrial

FRANKFORT, Ky. (AP) -- Prosecutors are set to call their first witnesses in the retrial of two former lawyers accused of bilking clients of millions of dollars in a diet drug settlement.

A federal District Court jury was seated Tuesday to hear the fen-phen retrial of William Gallion and Shirley Cunningham Jr. Opening statements were set to begin at 9 a.m. Wednesday before U.S. District Judge Danny Reeves in Frankfort.

Jurors in the previous trial in Covington were deadlocked in a verdict for Gallion and Cunningham. A third defendant, Melbourne Mills, was acquitted.

The lawyers were found liable in a civil case involving the diet drug settlement clients and ordered to repay at least $42 million. Among the assets of Gallion and Cunningham is a minority stake in two-time Horse of the Year Curlin.

(Copyright 2009 by The Associated Press. All Rights Reserved.)

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