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WITTIG v. WESTAR ENERGY, INC.

No. 102,746.

235 P.3d 535 (2010)

David C. WITTIG, Appellant, v. WESTAR ENERGY, INC., Appellee.

Court of Appeals of Kansas.

July 9, 2010.

Attorney(s) appearing for the Case

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 appellant.

Charles W. German, Kirk T. May, and Jason M. Hans, of Rouse Hendricks German May PC, of Kansas City, Missouri, for appellee.

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

HILL, J.

Introduction

Westar Energy, Inc. promised in its Articles of Incorporation to advance attorney fees and expenses reasonably incurred by its officers and directors charged with a crime, sued, or the subject of a criminal or administrative investigation. If the company failed to make the advances within 30 days of the request and an officer or director was thereby forced to come to court to enforce...

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