UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
DC 20549
CURRENT
REPORT
FORM
8-K
Pursuant
to Section 13 or 15(d) of the Securities Exchange Act
Date
of
Report (Date of Earliest Event Reported): October 15, 2008
Cal-Maine
Foods, Inc.
(Exact
name of registrant as specified in its charter)
|
Delaware
|
000-04892
|
64-0500378
|
|
(State
or other jurisdiction
of
incorporation)
|
(Commission
File Number)
|
(IRS
Employer
Identification
No.)
|
3320
Woodrow Wilson Avenue
Jackson,
MS 39207
(Address
of principal executive offices (zip code))
601-948-6813
(Registrant’s
telephone number, including area code)
Check
the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions (see General Instruction A.2 below):
□
Written
communication pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
□
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
□
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange
Act
(17 CFR 240.14d-2(b))
□
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange
Act
(17 CFR 240.13d-4(c))
Item
8.01 Other Events
On
October 15, 2008, Cal-Maine Foods, Inc. (the “Company”) was served with process
in a class action complaint filed in the United States District Court for the
Eastern District of Pennsylvania by T.K. Ribbing’s Family Restaurant, Falconer,
New York, on behalf of itself and “all others similarly situated.” The
complaint, filed on September 25, 2008, named sixteen defendants, including
other egg producers and companies part of the egg industry, and industry
cooperatives (civil action number 2:08-CV-4653). Plaintiff seeks unspecified
damages and injunctive relief, as well as attorneys’ fees and costs, under the
United States antitrust laws against defendants.
The
complaint alleges that the Company and all other defendants, by various means
and alleged activities, conspired to reduce the supply of eggs and egg products
in the United States, in order to artificially raise the price of eggs and
egg
products above competitive levels. Plaintiff is seeking certification of a
class
of all entities that purchased eggs or egg products in the United States
directly from the defendants from January 1, 2000 through the present. The
Company denies Plaintiff’s allegations and intends to vigorously defend itself
in this case.
The
Company also has been named as a defendant in six other suits filed in the
United States District Court for the Eastern District of Pennsylvania, but
has
not yet been formally served with process in those cases. The allegations in
the
other suits are similar to the allegations in the Ribbing’s case. The Company
denies the allegations in these other suits and intends to vigorously defend
itself in those cases, as well.
SIGNATURES
Pursuant
to the requirements for the Securities Exchange Act of 1934, the registrant
has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
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CAL-MAINE
FOODS, INC. |
|
|
|
| Date:
October 20, 2008 |
By: |
/s/ Fred
R.
Adams Jr. |
| |
Fred
R. Adams, Jr.
Chairman
of the Board and Chief Executive Officer
|
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|