Date: 04-06-2010

Case Style: Rusty Armstrong, et al. v. Tyson Foods, Inc., et al.

Case Number: CJ-2008-00231

Judge: Willard Driesel

Court: District Court, McCurtain County, Oklahoma

Plaintiff's Attorney: Tony Benson, Idabel, Oklahoma and Mark Brodeur, The Brodeur Law Firm, Dallas, Texas

Defendant's Attorney: Vince Chadick, Bassett Law Firm, L.L.P., Fayetteville, Arkansas and David Burrage, Tom Marcum and Heather Burrage, Burrage Law Firm, Durant, Oklahoma

Description: Rusty Armstrong and others sued Tyson Foods, Inc. and others on breach of contract, fraud and other theories claiming that defendants wrongfully dealt with them as agri-businesses engaged in the poultry feeder business. Sixty former growers and former growers who contracted with Tyson who raise broilers for the company claimed that they received inferior chickens and feed from Tyson as part of a system that favored some growers and strived to keep them in debt. They further claimed that Tyson misrepresented certain contract provisions and inducements of growers to unnecessarily finance expensive improvements to their facilities to satisfy Tyson.

Defendants denied wrongdoing.

Outcome: Plaintiffs' verdict for $4.8 million in compensatory damages and $2.5 million in punitive damages.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Note: Tyson will certainly appeal the judgment entered by the Court.