April 22, 2009

Tyson Foods is fighting a request by Oklahoma's attorney general to depose its chairman John Tyson in a federal court case over poultry litter pollution.

Tyson has filed for a protection order early this month to keep John Tyson from being deposed.

A judge has not ruled whether John Tyson would be deposed, but company spokesman Gary Mickelson said the state's request was simply harassment and totally unnecessary.

Mickelson said the company has given the attorney general access to the information and company representatives directly involved in the issues relating to the case.

Charlie Price, spokesman for the attorney general, said they are interested to talk to John Tyson about the operations of the company which he ran for many years.

Company attorneys said in the three and a half years since the case was filed, Oklahoma never sought to depose Tyson but only tried to do so after Tyson Foods sought to depose attorney general Drew Edmondson regarding his allegations that a deadly E. coli outbreak in the state last year could have been caused by poultry litter contamination.

The allegations were repeatedly denied by the poultry industry, and Tyson attorneys claimed the attorney general's move was retaliatory.

Oklahoma said in court records that it wants to depose John Tyson because a relevant witness provided by the company was either ill-prepared or knew little of relevant topics.

Tyson is one of 13 Arkansas companies being sued by Edmondson for allegedly polluting the Illinois River watershed with bird waste, which could pose a danger to human health. A trial is expected to begin in September.

Companies named in Edmondson's lawsuit include Tyson, Tyson Poultry Inc., Tyson Chicken Inc., Cobb-Vantress Inc., Cal-Maine Foods Inc., Cargill Inc., Cargill Turkey Production L.L.C., George's Inc., George's Farms Inc., Peterson Farms Inc., Simmons Foods Inc., Cal-Maine Farms Inc. and Willow Brook Foods Inc.