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BRYANT v. FOOD LION INC.

No. Civ.A. 2:90-0505-11.

100 F.Supp.2d 346 (2000)

Rickey B. and Brenda S. BRYANT, individually and as Guardians ad Litem for Chrystal R. and Stephanie Windham Bryant, minors under the age of 17), and Bonny L. Arnold, Stephen L. Bannister, Genevie W. Bannister, Kenneth R. Barney, Clifford Clark, Elizabeth Anne Daniel, William C. Flockhart, Paul B. Hawkins, Donald T. Maloney, Pamela K. Maloney, John Mawyer, Carol S. Mawyer and Scottie Neal Philbeck, and on behalf of all others similarly situated, Plaintiffs, v. FOOD LION INC.; Profit-Sharing Retirement Plan of Food Lion, Inc., The Food Lion, Inc. Group Benefit Plan, Ralph W. Ketner, Tom E. Smith, and Eugene R. McKinley, Defendants.

United States District Court, D. South Carolina, Charleston Division.

May 26, 2000.

Attorney(s) appearing for the Case

Nicholas W. Clark, Assistant General Counsel, Peter J. Ford, UFCW, Legal Department, Washington, DC, Ian Lanoff, Julia Penny Clark, Bredhoff & Kaiser, Washington, DC, James Lee Bell, The Bell Law Firm, PA, Charleston, SC, for Rickey B. Bryant, Brenda S. Bryant, Chrystal R. Bryant, Stephanie Windham Bryant.

Nicholas W. Clark, Assistant General Counsel, Peter J. Ford, UFCW, Legal Department, Washington, DC, Ian Lanoff, Julia Penny Clark, Bredhoff & Kaiser, Washington, DC, for Stephen L. Bannister, Genevie W. Bannister, Scottie Neal Philbeck.

Celeste Tiller Jones, Charles S. Porter, Jr., Jane W. Trinkley, Julianne Farnsworth, McNair Law Firm PA, Columbia, SC, for Food Lion Corporate, defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HAWKINS, District Judge.

This case came on for a bench trial before this court in May of 1997 in Charleston, South Carolina. The suit was originally filed by Rickey Bryant and his family in March of 1990 on behalf of themselves and a proposed class of similarly situated persons.

In 1991, the complaint was amended to delete several common law claims, and the court granted summary judgment to the defendants...

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