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Judge: Elon Musk can use Twitter whistleblower but not delay case

Twitter has sued Musk, asking a Delaware court to force him to go through with the deal he made in April to buy the company. Musk has countersued and a trial is set to start the week of Oct. 17.

(AP) — Elon Musk will be able to include new evidence from a Twitter whistleblower as he fights to get out of his $44 billion deal to buy the social media company, but Musk won't be able to delay a high-stakes October trial over the dispute, a judge ruled Wednesday.

Chancellor Kathaleen St. Jude McCormick, the head judge of Delaware’s Court of Chancery, denied Musk's request to delay the trial by four weeks. But she allowed him to add evidence related to whistleblower allegations by former Twitter security chief Peiter Zatko, who is scheduled to testify to Congress next week about the company's poor cybersecurity practices.

Twitter has sued Musk, asking the Delaware court to force him to go through with the deal he made in April to buy the company. Musk has countersued and a trial is set to start the week of Oct. 17.

Musk's legal team has argued that the allegations made by Zatko to U.S. officials may help bolster Musk's claims that Twitter misled him and the public about the company's problem with fake and “spam” accounts.

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By MATT O'BRIEN AP Technology Writer

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