COVINGTON, Ky. (AP) - A federal judge in northern Kentucky has declined to postpone the retrial of two attorneys charged in a diet drug settlement case.

The Courier-Journal reports that U.S. District Judge Danny Reeves called a delay unacceptable and ordered a trial date be set within 70 days of Sept. 11.

An indictment charges the two attorneys, William J. Gallion and Shirley Cunningham, with eight counts of wire fraud and conspiracy to defraud 440 clients of $94.6 million in Kentucky's fen-phen diet-drug case. They had asked that the trial be pushed back to April.

Gallion's lawyer, O. Hale Almand, who sought the delay, did not return a call seeking comment Friday afternoon.

The two men and a third defendant went on trial in July in Covington on charges of conspiracy to commit wire fraud, but the jury could not reach a verdict.