WESTAR ENERGY, INC. v. WITTIG

No. 102,579.

235 P.3d 515 (2010)

WESTAR ENERGY, INC., Appellant/Cross-appellee, v. David C. WITTIG, Appellee/Cross-appellant.

Court of Appeals of Kansas.

July 9, 2010.


Attorney(s) appearing for the Case

Charles W. German, Kirk T. May, and Jason M. Hans, of Rouse Hendricks German May PC, of Kansas City, Missouri, for appellant/cross-appellee Westar Energy, Inc.

Jeffrey D. Morris, Jeremy S. Weis, Nick J. Kurt, and Kirk A. Peterson, of Berkowitz Oliver Williams Shaw & Eisenbrandt, LLP, of Kansas City, Missouri, for appellee/cross-appellant David C. Wittig.

Before HILL, P.J., GREEN and STANDRIDGE, JJ.


HILL, J.

Introduction

This appeal involves a declaratory judgment action between a corporation and one of its former officers. Westar Energy, Inc. agreed to advance attorney fees and expenses reasonably incurred by any of its officers charged with a crime that related to that officer's employment. David C. Wittig, a former officer of Westar, was charged in federal court with crimes arising from his conduct during his time as an officer of Westar....

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