IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
_-_- - - - - - - - - - - - - - -x
KEVIN LEWIS, C.A. No. /ry7J'-
Plaintiff,
-against-
CLASS ACTION COMPLAINT
KEEBLER FOODS COMPANY, ROBERT
P. CROZER, SAM K. REED, AMOS R.
MCMULLIAN, JIMMY M. WOODWARD,
G. ANTHONY CAMPBELL, C. MARTIN
WOOD, III, FRANKLIN L. BURKE,
MELVIN T. SMITH, JOHNSTON C.
ADAMS, JR., WAYNE H. PACE and
FLOWERS INDUSTRIES, INC.,
Defendants.
Plaintiff alleges upon information and belief, except as
__
to paragraph 1 which plaintiff alleges upon knowledge, as!folkws:
1. Plaintiff is a shareholder of Keebler Foods Company
("Keebler" or the "Company").
2. Keebler is a corporation duly organized and existing
under the laws of the state of Delaware, with its principal offices
located at 677 Larch Avenue, Elmhu .st , Illinois 60126. Keebler
manufactures and sells cookies and crackers. The Company also
makes and sells ice cream cones, pie crusts, and custom baked
products for other companies. Keebler's brand names include
Keebler, Cheez-It, and Carr's.
3. Defendant Flowers Industries, Inc. ("Flowers")
provides and markets a full line of fresh and frozen baked foods to
retail and food service customers across the United States.
SNIPPETS:
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
Plaintiff alleges upon information and belief,
Plaintiff is a shareholder of Keebler Foods Company
makes and sells ice cream cones, pie crusts, and custom baked
Defendant Flowers Industries, Inc.
retail and food service customers across the United States.
Keebler's Board of Directors and Vice Chairman of Flowers' Board of
Keebler, the Chief Executive Officer of Flowers, and the Chairman
and the Vice President and Chief Financial Officer of Flowers.
Defendant Wayne H. Pace is a Director of Keebler.
other public shareholders of Keebler and owe to them the highest
Chancery, on behalf of all shareholders of Keebler, or their
from committing the wrongs complained of herein;
action and has retained competent counsel experienced in litigation
of the other members of the Class and plaintiff has the same
By reason of its majority ownership of Keebler,
Flowers has voting control of the Company and controls it proxy
impartiality and objectivity in a transaction orchestrated by
absent injunctive relief in this action.
Plaintiff has no adequate remedy at law.
rescinding it and setting it aside or awarding rescissory damages
|
