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Clarcor Initiates Legal Proceedings against EDS.


FRANKLIN, Tenn. -- CLARCOR Inc. (NYSE NYSE

See: New York Stock Exchange
: CLC (The Computer Language Company Inc.) The publisher of this Encyclopedia. See About this product. ) announced today that its wholly-owned subsidiary, Total Filtration total filtration,
n See filtration, total.
 Services, Inc., has initiated legal proceedings All actions that are authorized or sanctioned by law and instituted in a court or a tribunal for the acquisition of rights or the enforcement of remedies.  against Electronic Data Systems Corporation (EDS (Electronic Data Systems, Plano, TX, www.eds.com) Founded in 1962 by H. Ross Perot (independent candidate for the President of the U.S. in 1992), EDS is the largest outsourcing and data processing services organization in the country. ) and related defendants for approximately $3.6 million in payments for filtration products that were supplied by TFS TFS The Forum Site (online forum)
TFS Team Foundation Server (Microsoft Visual Source Safe)
TFS Toyota Financial Services
TFS Thanks for Sharing
TFS Tactical Fighter Squadron
TFS Three-Five Systems Inc.
 under a supply agreement between TFS and EDS's former subsidiary, AT Kearney. The products in question were destined des·tine  
tr.v. des·tined, des·tin·ing, des·tines
1. To determine beforehand; preordain: a foolish scheme destined to fail; a film destined to become a classic.

2.
 for a major automotive OEM (Original Equipment Manufacturer) The rebranding of equipment and selling it. The term initially referred to the company that made the products (the "original" manufacturer), but eventually became widely used to refer to the organization that buys the products and  under a Materials Replacement Organization (MRO MRO

In currencies, this is the abbreviation for the Mauritanian Ouguiya.

Notes:
The currency market, also known as the Foreign Exchange market, is the largest financial market in the world, with a daily average volume of over US $1 trillion.
) program administered by EDS/ATK.

The lawsuit, filed in Tennessee state court, seeks recovery of these amounts plus associated costs and expenses and the award of punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. . TFS had decided to terminate the underlying supply agreement with EDS/ATK for reasons unrelated to the present dispute and had notified EDS/ATK of this decision on March 30, 2006.

In referring to the lawsuit, Norm Johnson, CLARCOR's Chairman and Chief Executive Officer, said: "We are greatly disappointed in EDS/ATK's refusal to pay for products which EDS/ATK had ordered, received and used. We believe such refusal contradicts the terms of our agreement, the well-established practice of the parties and common sense. We have concluded that EDS/ATK has acted in bad faith, and while we never favor litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 as a means of resolving our disputes, they have left us no meaningful alternative."

CLARCOR will record a pre-tax charge to earnings to be recorded in its second quarter ended June 3, 2006 of approximately $3 million to cover the unpaid invoices and certain inventories. CLARCOR will announce its second quarter results after the close of the market on June 21, 2006.

Annual sales under the terminated EDS/ATK contract amounted to approximately $10 million, but generated almost no profit to CLARCOR. EDS/ATK was seeking further changes to the contract which would have resulted in losses to CLARCOR on a going forward basis. Rather than accept these losses, TFS terminated the contract.

Mr. Johnson noted that even in the face of EDS's withholding of payments, TFS continued to supply products to the automotive OEM during a changeover period to support a smooth transition of the supply agreement that TFS terminated. Mr. Johnson stated: "The OEM in question has been a valued customer of TFS for years, and our decision to terminate our supply agreement was based solely on the fact that we could not earn the kind of return that our shareholders expect while supplying products through EDS/ATK. TFS looks forward to one day having the opportunity to supply this manufacturer with filtration products outside of the EDS/ATK program."

CLARCOR is based in Franklin, Tennessee, and is a diversified marketer and manufacturer of mobile, industrial and environmental filtration products and consumer and industrial packaging products sold in domestic and international markets. Common shares of the Company are 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 CLC.

Forward-Looking Statements

This press release contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. All statements made in this press release other than statements of historical fact, are forward-looking statements. These statements are made pursuant to 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 may include, among other things: statements and assumptions relating to future growth, earnings, earnings per share and other financial performance measures, as well as management's short-term and long-term performance goals and management's goals with respect to future supply contracts; statements relating to the anticipated affects on results of operations or financial condition from recent and expected developments or events; statements relating to the Company's business and growth strategies; and any other statements or assumptions that are not historical facts. The Company believes that its expectations are based on reasonable assumptions. However, these forward-looking statements involve known and unknown risks, uncertainties and other important factors that could cause the Company's actual results, performance or achievements, or industry results, to differ materially from the Company's expectations of future results, performance or achievements expressed or implied by these forward-looking statements. In addition, the Company's past results of operations do not necessarily indicate its future results. These and other uncertainties are discussed in the "Risk Factors'' section of the Company's 2005 Form 10-K. The future results of the Company may fluctuate as a result of these and other risk factors detailed from time to time in the Company's filings with the Securities and Exchange Commission. You should not place undue reliance on any forward-looking statements. These statements speak only as of the date of this press release. Except as otherwise required by applicable laws, the Company undertakes no obligation to publicly update or revise any forward-looking statements or the risk factors described in this press release, whether as a result of new information, future events, changed circumstances or any other reason after the date of this press release.
COPYRIGHT 2006 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2006, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Geographic Code:1USA
Date:Jun 6, 2006
Words:819
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