Farmer
Bros. Confirms U.S. District Court Decision
DOW JONES NEWSWIRES
TORRANCE, Calif. -- Farmer Bros. Co. (FARM) said a
federal court declined to issue a preliminary injunction against the
company for allegedly manipulating its employee stock ownership plan for
the benefit of its founding family.
In a press release Wednesday, the coffee processor said
the request for an injunction was rejected because the action was found
outside the court's jurisdiction and plaintiff Leon Rosenthal was found
to lack standing.
Rosenthal, who reportedly owns nine shares in the
company, wasn't immediately available. Rosenthal's suit alleged the
company loaned corporate funds to the ESOP as a way to increase
management's control over the company.
Insiders including the company's 87-year-old founder
and chairman Roy F. Farmer, control 53.11% of the company's voting
stock, including a 9% stake held by the ESOP, according to a proxy dated
Dec. 15.
Rosenthal's lawsuit was supported by Farmer's 9.56%
stake-holder Franklin Mutual Advisors, of San Mateo, Calif. A Franklin
representative wasn't immediately available.
Farmer Bros. has seen lower earnings in each of the
past several years, and is separately facing inquiries from the
Securities and Exchange Commission on whether it should comply with more
stringent disclosure rules that govern investment firms, according to a
report in the Los Angeles Times Dec. 16. Its cash and equivalents equal
70% of total assets.
-John Seward; Dow Jones Newswires; 201-938-5400
Updated December 24, 2003 10:29 a.m.