Kroger must account for every Tyson chicken from '97-'03

By Steve Korris | Nov 26, 2008


Stephen Tillery of St. Louis, pursuing a Madison County class action against Tyson Foods over soggy chickens, has asked Kroger Company for a record of every bird its Illinois stores bought from Tyson in a span of more than five years.

Tillery associate John Hoffman served a deposition notice on Nov. 12, for records of Kroger's fresh poultry purchases from Sept. 3, 1997, to Jan. 9, 2003.

Tillery clients Timothy Rogers and Alan Westfall sued Tyson in 2001, claiming it added water to chicken and charged buyers for the extra weight.

Tillery has teamed on the case with lawyers from Alabama, Kentucky and Mississippi.

Hoffman's notice directed Kroger to send records to the office of Watson, Jimmerson, Martin, McKinney, Helms and Artrip, in Huntsville, Ala.

Hoffman also identified Joe Whatley Jr. and Peter Burke of Birmingham, Ala., Ronald Parry of Covington, Ky., and Dudley Butler of Benton, Miss., as plaintiff counsel.

Robert Shultz of Edwardsville represents Tyson. So do David Johnson, Kyle Rettberg and Alexa Warner, all of Sidley Austin Brown and Wood in Chicago.

Associate Judge Ralph Mendelsohn presides over the case.

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