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BROWN v. MENDEL

Civ. A. No. 90-A-1268-N.

864 F.Supp. 1138 (1994)

Robert L. BROWN, suing on behalf of himself and all persons similarly situated, Plaintiffs, v. Perry MENDEL, Defendant.

United States District Court, M.D. Alabama, Northern Division.

September 7, 1994.

Attorney(s) appearing for the Case

James L. North, J. Timothy Francis, James L. North & Associates, John W. Haley, Alex W. Newton, Hare, Wynn, Newell & Newton, Birmingham, AL, for plaintiff.

Bobby Lee Cook, Cook & Palmour, Summerville, GA, Richard J. Morvillo, Court E. Golumbic, Pamela J. Hicks, Richardson, Berlin & Morvillo, Washington, DC, John M. Bolton, III, David B. Byrne, Jr., Robison & Belser, P.A., Montgomery, AL, for defendant.

MEMORANDUM OPINION

ALBRITTON, District Judge.

I. INTRODUCTION

Plaintiff, Robert Brown ("Brown"), filed this class action on May 12, 1992. This cause is now before the court on the Motion for Summary Judgment filed by Defendant, Perry Mendel ("Mendel") on June 10, 1994.

In October 1989, Kinder-Care, Inc. ("KCI") owned 87% of the common stock of its subsidiary, Kinder-Care Learning Centers, Inc. ("KCLC"). Brown alleges that he and other members...

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