Budgetel Inns, Inc. sues MICROS Systems, Inc. for fraud, RICO violations and breach of contract.MILWAUKEE--(BUSINESS WIRE)--May 12, 1997--Budgetel Inns, Inc. announced it has commenced litigation against MICROS Systems, Inc. (NASDAQ NASDAQ in full National Association of Securities Dealers Automated Quotations U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on :MCRS) for fraud, violations of the Racketeer Influenced Corrupt Organizations Act (RICO RICO n. . ) and the Wisconsin Organized Crime Control Act, and breach of contract. According to the complaint, Budgetel's claims arise "from the unscrupulous and fraudulent sale by MICROS of its PMS (Pantone Matching System) A color matching system that has a unique number assigned to more than 500 different colors and shades. This standard for the printing industry has been built into many graphics and desktop publishing programs to ensure color accuracy. 8500 hotel property management software." Budgetel alleges that "MICROS deceived (Budgetel) and fraudulently induced (it) to purchase property management software that MICROS would discontinue less than three months later." Budgetel seeks damages in excess of $1 million, plus punitive and other damages. Budgetel Inns is a subsidiary of The Marcus Corporation (NYSE NYSE See: New York Stock Exchange :MCS). Budgetel's complaint also describes alleged "aggressive selling practices by MICROS (and its affiliates that) routinely included engaging in a pattern of racketeering activity involving fraudulently misrepresenting the capabilities and features of ... software products and fraudulently misrepresenting (MICROS' and its affiliates') intent to offer future releases of software with enhanced functions." In support of these allegations, the complaint refers to lawsuits against MICROS and its affiliates brought by alleged "victimized customers," including claims of fraud by Imperial Hotels Corp., the operator of Vagabond VAGABOND. One who wanders about idly, who has no certain dwelling. The ordinances of the French define a vagabond almost in the same terms. Dalloz, Dict. Vagabondage. See Vattel, liv. 1, Sec. 219, n. Inns, a national hotel chain, and claims of fraud and civil theft by Crested Butte Mountain Resort, Inc., the operator of the Crested Butte ski resort in Crested Butte, Colorado Often called "the last great Colorado ski town", Crested Butte is a small resort town located in Gunnison County in the U.S. state of Colorado. A former coal mining hub, Crested Butte is now a destination for skiing, mountain biking, and a variety of other outdoor activities. . In its complaint, Vagabond alleged fraud by MICROS related to the sale of computer software and alleged promises of future software releases of a discontinued/abandoned product. Crested Butte's claims involved MICROS' alleged fraudulent sale of computer software and related services. Thomas F. Kissinger, general counsel of Budgetel, stated "we are astounded that a major hotel and restaurant software vendor would sell Budgetel property management system software that it would discontinue three months later. MICROS promised Budgetel software that it was committed to enhancing through future releases; MICROS delivered software that MICROS discontinued even before Budgetel could finish installing it. That should not happen. MICROS has failed to adequately remedy the situation and, like other companies before us, we must now seek the assistance of the courts to recover our damages." Headquartered in Milwaukee, Wisconsin, Budgetel Inns operates and franchises 139 inns in 28 states and four Woodfield Suites in Wisconsin, Colorado and Ohio. Budgetel Inns' parent company, The Marcus Corporation, also operates movie theatres, hotels and resorts and certain KFC restaurants in Wisconsin. NOTE: The case information for the Budgetel, Vagabond and Crested Butte litigations are as follows: Budgetel Inns, Inc. vs. Micros Systems, Inc., et al, United States District Court United States District Court In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. , Eastern District of Wisconsin (Case No. 97-C-301); Imperial Hotels Corp. vs. Executive Technologies of South Florida, Inc. et al., Superior Court, Los Angeles County, California Los Angeles County is a county in California and is by far the most populous county in the United States. Figures from the U.S. Census Bureau give an estimated 2006 population of 9,948,081 residents,[1] while the California State government's population bureau lists a (Case No. BC150692). Crested Butte Mountain Resort, Inc. vs. Executive Technologies of South Florida, Inc. et al., District Court, Gunnison County, Colorado Gunnison County is the fifth most extensive of the 64 counties of the State of Colorado of the United States. The county population was 13,956 at U.S. Census 2000.[1] The county was named for John W. (Case No. 96CV59). CONTACT: Thomas A. Kissinger, 414/274-0390 |
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