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SWEENEY v. KROGER CO.

No. 90-1643C(6).

773 F.Supp. 1266 (1991)

Jeffrey SWEENEY, individually and on behalf of all others similarly situated, Plaintiff, v. The KROGER CO. and The Kroger Co. Employee Stock Ownership Plan, Defendants.

United States District Court, E.D. Missouri, E.D.

September 27, 1991.

Attorney(s) appearing for the Case

Gerald Cohen, St. Louis, Mo., David Zlotnick, Elaine Williams, Zlotnick & Thomas, Tuscon, Ariz., for plaintiff.

John P. Emde, St. Louis, Mo., for defendants.

MEMORANDUM

GUNN, District Judge.

This matter is before the Court on defendants' motion to dismiss plaintiff's amended class action complaint.

Plaintiff, a former employee of defendant Kroger Company (Kroger), brings this action, on behalf of the class of all others similarly situated, alleging that defendants Kroger and Kroger Employee Stock Ownership Plan (KESOP) failed to disclose material facts and breached fiduciary duties in connection with...

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