Henryk de Kwiatkowski, owner of Calumet Farm near Lexington who had his landmark verdict against Bear Stearns Cos. overturned last month, has requested a new hearing from a federal appeals court.

Attorneys for de Kwiatkowski claim that a three-judge appellate panel erred in tossing out a verdict that awarded the longtime owner and breeder $164.5-million in damages in May 2000.

The Dow Jones News Service reports that attorneys said the panel "overlooked evidence that [Bear Stearns] undertook to provide de Kwiatkowski with continuous advice, which was rendered in exchange for substantially heightened fees."

The original ruling stated that Bear Stearns was negligent when it made unauthorized trades in de Kwiatskowski's futures account. Bear Stearns was ordered to pay $111.5-million; when prejudgment interest was included, the amount increased to $164.5-million.

The verdict was overturned on September 19 by the United States Court of Appeals for the 2nd Circuit, which said there was insufficient evidence to support findings that Bear Stearns was negligent.

Whether the appeals court accepts or rejects the latest appeal could be decided in the next few weeks.