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Fen-Phen Plaintiffs May Settle for Horse

Preakness winner Curlin could soon have 400 new owners

By Katherine Thompson,  Newser Staff

Posted Nov 3, 2007 7:09 AM CDT

(Newser) – A Kentucky judge ruled that 400 plaintiffs, defrauded in a 2001 settlement of the fen-phen case, can seize the horse owned partly by two jailed laywers. Curlin, who won this year's Preakness and Breeders' Cup Classic, already had five owners after attorneys William Gallion and Shirley Cunningham Jr. sold 80% of their share this year, reports the Courier-Journal.

Cunningham and Gallion owe the diet-drug plaintiffs they represented $64.4 million the judge said they claimed illegally in the $200-million case. The group's (new) attorney called Curlin "a valuable asset," though she isn't sure that the horse is worth the whole amount owed. The plaintiffs prefer to sell the horse, and current owners appear to favor a public auction.

Attorney Shirley Cunningham Jr., enters the Federal Courthouse in Covington, Ky., Thursday, June 21, 2007.  Cunningham, a minority owner of Preakness winner Curlin, pleaded not guilty to charges that he conspired to defraud clients in a multimillion-dollar lawsuit over the diet drug fen-phen. (AP Photo/Ed Reinke)
Attorney Shirley Cunningham Jr., enters the Federal Courthouse in Covington, Ky., Thursday, June 21, 2007. Cunningham, a minority owner of Preakness winner Curlin, pleaded not guilty to charges that...   (Associated Press)
Jockey Robby Albarado, aboard Curlin, celebrates as they win the Breeders' Cup Classic horse race Saturday, Oct. 27, 2007, at Monmouth Park in Oceanport, N.J. The horse may be sold as part of a settlement by two part-owners who defrauded 400 Fen-Phen plaintiffs. (AP Photo/Rob Carr)
Jockey Robby Albarado, aboard Curlin, celebrates as they win the Breeders' Cup Classic horse race Saturday, Oct. 27, 2007, at Monmouth Park in Oceanport, N.J. The horse may be sold as part of a settlement...   (Associated Press)
Jockey Robby Albarado aboard Curlin heads to the finish line to win the Breeders Cup Classic horse race Saturday, Oct. 27, 2007 at Monmouth Park in Oceanport, N.J. The horse may be sold as part of a settlement by two part-owners who defrauded 400 Fen-Phen plaintiffs. (AP Photo/Rob Carr)
Jockey Robby Albarado aboard Curlin heads to the finish line to win the Breeders Cup Classic horse race Saturday, Oct. 27, 2007 at Monmouth Park in Oceanport, N.J. The horse may be sold as part of a settlement...   (Associated Press)
Attorney William Gallion enters the Federal Courthouse in Covington, Ky., Thursday, June 21, 2007.  Gallion, a minority owner of Preakness winner Curlin, pleaded not guilty to charges that he conspired to defraud clients in a multimillion-dollar lawsuit over the diet drug fen-phen. (AP Photo/Ed Reinke)
Attorney William Gallion enters the Federal Courthouse in Covington, Ky., Thursday, June 21, 2007. Gallion, a minority owner of Preakness winner Curlin, pleaded not guilty to charges that he conspired...   (Associated Press)
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