Tom's Foods former employees get court OK to examine responsible officer

By Caroline Salls

Pittsburgh, June 28 - Tom's Foods Inc. former employees obtained court approval to examine responsible officer Eugene I. Davis in connection with an alleged $40 million underfunding of Tom's qualified pension plan, according to a Wednesday filing with the U.S. Bankruptcy Court for the Middle District of Georgia.

The former employees had previously obtained approval of examinations of chief executive officer Rolland G. Divin, chief financial officer Al Gaston, benefit consultants Geller Group and agent Sheldon M. Geller and Will Emory & McDermott and agent/partner Stanley H. Meadows.

According to the motion, the former employees are entitled to know the cause of the under-funding and how it affects the unsecured and priority claims of the Pension Benefit Guaranty Corp.

The documents to be examined include contracts and documents related to any company qualified pension plans, financial records of all pension plans and documents on all decisions made in connection with any pension plans.

The former employees are Lyn D. Anderson, Carroll Welker, Richard Olson, Oscar L. Betts, Thomas B. Black III, Al W. Davis III, Herbert E. Graetz, Rebecca W. Grose, Charles S. Middlebrooks, Ernest G. Moore, Jeanette Nuckles, Andy Robinson, Paul C. Serff, Rupert Triplitt, Mary Anne Willis and James White.

Tom's, a Columbus, Ga.-based snack food company, filed for bankruptcy on April 6, 2005. Its Chapter 11 case number is 05-40683.

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