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DELTA AND PINE LAND COMPANY FILES LAWSUIT AGAINST MONSANTO
Scott, Miss., January 18, 2000 - Delta and Pine Land Company today filed a
lawsuit in Circuit Court in Bolivar County, Mississippi, against Monsanto
Company for breach of contract involving Monsanto's failure to perform
pursuant to the terms of a May 8, 1998 Merger Agreement. Delta and Pine
Land Company is seeking not less than $1 billion in compensatory damages, as
well as punitive damages in an amount to be proved at trial.
Delta and Pine Land Company asserts, among other things, that Monsanto
breached its contractual obligations to use commercially reasonable efforts
to respond fully and promptly to all inquiries from, to gain material
consents from and to resolve objections by the Antitrust Division of the
Department of Justice in seeking regulatory clearance for the merger.
Monsanto withdrew its Hart-Scott-Rodino filing on December 20, 1999.
Commenting on the lawsuit, Roger D. Malkin, Chairman and Chief Executive
Officer of Delta and Pine Land Company said: "We regret having to file this
lawsuit, but we had no other choice in order to protect the interests of our
company and our shareholders. At the same time, we will continue to engage
in a dialogue with Monsanto and hope to achieve a resolution that is
acceptable to both parties."
Malkin continued: "The filing of this lawsuit will not affect our existing
contractual relationships with Monsanto with respect to the development of
agricultural technologies and the delivery of products to our customers."
Delta and Pine Land Company is represented in this matter by Fried, Frank,
Harris, Shriver & Jacobson; Boies, Schiller & Flexner LLP; and Lake Tindall
LLP.
Delta and Pine Land Company is a commercial breeder, producer and marketer
of cotton planting seed, as well as soybean seed in the Cotton Belt. For
more than 80 years, the Mississippi-based company has used its extensive
plant breeding programs drawing from a diverse germplasm base to develop
superior varieties. Delta and Pine Land (NYSE: DLP) has offices in seven
states and facilities in several foreign countries.
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