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Birmingham Steel Responds to Legal Manuever by Dissident Stockholder Group.


BIRMINGHAM, Ala.--(BUSINESS WIRE)--Oct. 15, 1999--

Birmingham Steel Corporation (NYSE NYSE

See: New York Stock Exchange
: BIR BIR British Institute of Radiology
BIR Bureau of Internal Revenue
BIR Bureau of International Recycling
BIR Baculovirus IAP Repeat
BIR Biomedical Imaging Resource
BIR Bureau of Intelligence and Research (US State Department) 
) today said that a dissident stockholder group headed by The United Company, John Correnti and James Todd filed a complaint against the Company in the Circuit Court of Jefferson County, Alabama Jefferson County is the most densely populated county in the U.S. state of Alabama, the county seat being Birmingham.[0] As of 2000 U.S. Census, the population of Jefferson County was 662,047.  (the "Court"), requesting that the Court grant a temporary restraining order temporary restraining order: see injunction.  and preliminary injunction requiring that Birmingham Steel provide them with five business days notice of the terms and conditions of any transaction the Company plans to enter into, prior to the Annual Meeting, that may legally or financially bind the Company to sell the SBQ SBQ Sociedade Brasileira de Quimica (Portugese)
SBQ Special Bar Quality
 division. In response to the dissident group's request, which was made without the Company having an opportunity to appear before the Court and present its arguments, the Court issued a temporary restraining order, effective for a period of 10 days, and scheduled a hearing on the motion for a preliminary injunction on October 22, 1999. The Company said it believes that the dissidents' lawsuit is without merit and that it intends to seek to have the temporary restraining order lifted at the October 22nd hearing.

Birmingham Steel operates in the mini-mill sector of the steel industry and conducts operations at facilities located across the United States. The common stock of Birmingham Steel is traded on the New York Stock Exchange New York Stock Exchange (NYSE)

World's largest marketplace for securities. The exchange began as an informal meeting of 24 men in 1792 on what is now Wall Street in New York City.
 under the symbol "BIR."

Except for historical information, the matters described in this press release are forward-looking statements within the meaning of the safe-harbor provisions of the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and  of 1995. These forward-looking statements are subject to risks and uncertainties that may cause actual results to differ materially, including economic conditions, market demand factors, equipment breakdowns or failures, Birmingham Steel's success in implementing the restructuring plan, the Company's continued compliance with its financing arrangements and its principal debt agreements, as well as other risks described from time to time in the Company's periodic and special filings with the Securities and Exchange Commission. Any forward-looking statements contained in this document speak only as of the date hereof, and the Company disclaims any intent or obligation to update such forward-looking statements.

Birmingham Steel Corporation (the "Company") and certain other persons named below may be deemed to be participants in the solicitation of proxies in connection with the 1999 annual meeting of shareholders. The participants in this solicitation may include the directors of the Company (William J. Cabaniss William J. Cabaniss, Jr. was the ambassador from the United States to the Czech Republic from 2004 until 2006. He is a business man from Birmingham, Alabama who also served in the Alabama House of Representatives from 1978 to 1982 and the Alabama State Senate from 1982 to 1990. , Jr., C. Stephen Clegg, Alfred C. DeCrane, Jr., E. Mandell de Windt, Robert A. Garvey, E. Bradley Jones, Robert D. Kennedy, Richard de J. Osborne and John H. Roberts) and the following executive officers, members of management and employees of the Company: Robert A. Garvey (Chairman and Chief Executive Officer), Brian F. Hill (Chief Operating Officer Chief Operating Officer (COO)

The officer of a firm responsible for day-to-day management, usually the president or an executive vice-president.
), Kevin E. Walsh (Executive Vice President - Chief Financial Officer), William R. Lucas William R. Lucas (born March 1, 1922) was the fourth Director of the NASA Marshall Space Flight Center. He served as director from June 15, 1974 to July 3, 1986; when he was forced to resign as a result of the Challenger tragedy. , Jr. (Managing Director - Southern Region), Jack R. Wheeler (Managing Director - Northern Region), Raymond J. Lepp (Managing Director - Western Region), J. Daniel Garrett (Vice President - Finance & Control), Catherine W. Pecher (Vice President - Administration & Corporate Secretary), Charles E. Richardson III (General Counsel), Philip L. Oakes (Vice President - Human Resources), W. Joel White (Vice President - Information Technology) and Robert G. Wilson (Vice President - Business Development). As of the date of this communication, none of the foregoing participants individually owned in excess of 1 percent of the Company's common stock or in the aggregate in excess of 3 percent of the Company's common stock.

The Company has retained Credit Suisse First Boston Credit Suisse First Boston was originally the trading name of the Financière Crédit Suisse-First Boston, a London-based 50-50 investment banking joint venture formed in 1978 between the First Boston Corporation and Credit Suisse.  Corporation ("CSFB CSFB Credit Suisse First Boston
CSFB Cyclically Shifted Filter Bank
") and Banc of America Securities LLC (Logical Link Control) See "LANs" under data link protocol.

LLC - Logical Link Control
 ("BAS") to act as its financial advisors, for which CSFB and BAS will receive customary fees, as well as reimbursement of reasonable out-of-pocket-expenses. In addition, the Company has agreed to indemnify CSFB, BAS and certain related persons against certain liabilities, including liabilities under federal securities laws, arising out of their engagement. Each of CSFB and BAS are investment banking firms that provide a full range of financial services for institutional and individual clients. Neither CSFB nor BAS admit that it or any of its directors, officers or employees is a "participant," as defined in Schedule 14A promulgated under the Securities Exchange Act of 1934, as amended, in the solicitation, or that Schedule 14A requires the disclosure of certain information concerning CSFB and BAS, and the following investment banking employees of CSFB or BAS, as the case may be, may communicate in person, by telephone or otherwise with a limited number of institutions, brokers or other persons who are stockholders of the Company: Peter R. Matt, William C. Sharpstone and Murari S. Rajan of CSFB; and Gidon Y. Cohen cohen
 or kohen

(Hebrew: “priest”) Jewish priest descended from Zadok (a descendant of Aaron), priest at the First Temple of Jerusalem. The biblical priesthood was hereditary and male.
, Shawn B. Welch and Sumner T. Farren of BAS. In the normal course of their business, both CSFB and BAS regularly buy and sell securities issued by the Company for their own account and for the accounts of their respective customers, which transactions may result in CSFB, BAS or their respective associates having a net "long" or net "short" position in the Company's securities, or option contracts of other derivatives in or relating to such securities. As of October 12, 1999, CSFB had a net short position of 100 shares of the Company's common stock and as of October 13, 1999, BAS had a net long position of 264,022 shares of the Company's common stock.
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Publication:Business Wire
Date:Oct 15, 1999
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