1. Home
  2. Browse Decisions
  3. F.Supp.2d
  4. 108 F.Supp.2d
  5. 108 F.Supp.2d 1344 (2000)
 

DAIRY FRESH CORP. v. POOLE

No. Civ.A. 96-0187-CB-C.

108 F.Supp.2d 1344 (2000)

DAIRY FRESH CORPORATION, as Plan Administrator of the Dairy Fresh Employee Stock Ownership Plan and in its corporate capacity, Plaintiff, v. Victor POOLE, in his capacity as the Trustee of the Dairy Fresh Employee Stock Ownership Plan, and the Dairy Fresh Employee Stock Ownership Plan, Defendants, Alexis M. Herman, Secretary of the United States Department of Labor, Plaintiff, v. Dairy Fresh Corporation, as Plan Administrator of the Dairy Fresh Employee Stock Ownership Plan and in its corporate capacity, Victor Poole, in his capacity as Trustee of the Dairy Fresh Employee Stock Ownership Plan, and the Dairy Fresh Employee Stock Ownership Plan, Defendants.

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

August 9, 2000.

Attorney(s) appearing for the Case

James H. Seale, III, Greensboro, AL, Matthew C. McDonald, Miller, Hamilton, Snider & Odom, Mobile, AL, Gary S. Tell, U.S. Dept. of Labor, Office of the Solicitor, Plan Benefits Security Division, Washington, D.C., for Dairy Fresh Corporation, plaintiff.

A. Clay Rankin, III, Douglas L. McCoy, Hand Arendall, L.L.C., Mobile, AL, for Lemuel Morrison, Beatrice Morrison, Lemuel, John L. Morrison, intervenors-plaintiffs.

Gary S. Tell, U.S. Dept. of Labor, Office of the Solicitor, Plan Benefits Security Division, Washington, D.C., Michael Schloss, Trial Attorney, U.S. Dept. of Labor, Office of the Solicitor, Plan Benefits Security Division, Washington, D.C., Timothy D. Hauser, U.S. Department of Labor, Plan Benefits Security Division, Washington, DC, for United States Department of Labor, intervenor-plaintiff.

Wade B. Perry, Jr., Johnstone, Adams, Bailey, Gordon & Harris, Mobile, AL, for Victor Poole, defendant.

Gary S. Tell, U.S. Dept. of Labor, Office of the Solicitor, Plan Benefits Security Division, Washington, D.C., for Alexis Herman, defendant.

MEMORANDUM OPINION AND ORDER

BUTLER, Chief Judge.

This matter is before the Court on motions for summary judgment filed by Alexis Herman, Secretary of Labor and by Dairy Fresh Corporation. At the heart of this case is whether plaintiff Dairy Fresh Corporation ("Dairy Fresh") can bring an action which, if successful, would drastically reduce the holdings of the Employee Stock Ownership Plan (hereinafter "the ESOP" or "the Plan") created by the company...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases