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Senior U.S. District Judge William Bertelsman declared the mistrial after the deadlocked jury failed to reach a verdict in the cases against Lexington attorneys Shirley Cunningham and William Gallion.

The same jury Tuesday had acquitted a third defendant, Melbourne Mills, on charges they defrauded their clients by taking $65 million more out of the settlement than they were entitled to.

The Louisville Courier-Journal said federal prosecutors vowed to re-try Gallion and Cunningham, who remain in custody as flight risks.

The $200 million settlement was agreed to in 2001 on behalf of Kentucky residents who claimed their health had been damaged by the two-combination diet drug.

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