Ex-Westar Execs Must Face 3rd Trial: 10th Circ.

Law360, New York (August 10, 2009, 10:53 PM EDT) -- A federal appeals court has denied two former Westar Energy Inc. executives' bid to dismiss on double jeopardy grounds the U.S. government's case alleging that they tried to loot the Kansas public utility.

Affirming a district court decision, Judge Neil Gorsuch of the U.S. Court of Appeals for the Tenth Circuit ruled Monday that the case against Douglas Lake and David Wittig should go forward, but expressed considerable skepticism of the government's case.

Lake and Wittig have already stood trial twice. The first trial ended in...
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