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The exclusion of expert testimony from a defense witness in Joe Nacchio’s illegal insider-trading case was “fundamentally unfair” and a “new trial is essential,” the former Qwest CEO’s attorney argued in documents filed Monday.

The full 10th Circuit Court of Appeals is reviewing Nacchio’s 2007 conviction, which was tossed in March by an appellate panel. The panel ruled that the trial judge wrongfully excluded testimony from the witness.

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