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WESTAR ENERGY, INC. v. LAKE

Nos. 07-3219, 07-3280.

552 F.3d 1215 (2009)

WESTAR ENERGY, INC., a Kansas corporation, Plaintiff-Counter-Defendant-Appellant, v. Douglas T. LAKE, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 21, 2009.

Attorney(s) appearing for the Case

Kirk T. May (Charles W. German and Jason M. Hans with him on the briefs) of Rouse, Hendricks, German, May, P.C., Kansas City, MO, for Plaintiff-Counter-Defendant-Appellant.

Edward J.M. Little, Hughes, Hubbard & Reed, L.L.P., New York, NY, (F. James Robinson, Jr., Hite, Fanning & Honeyman, L.L.P., Wichita, KS, with him on the brief), for Defendant-Counter-Claimant-Appellee.

Before MURPHY, BRORBY, and HARTZ, Circuit Judges.

MURPHY, Circuit Judge.

Plaintiff-Appellant Westar Energy, Inc. ("Westar") appeals an interlocutory order requiring Westar to advance past and future legal fees incurred by Defendant-Appellee Douglas Lake for his criminal defense. The district court did not label the order a preliminary injunction, but it meets the elements of a preliminary injunction and this court therefore has jurisdiction over the appeal under 28 U.S.C. § 1292(a)(1). The retrospective relief...

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