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Dauphin County, Pa., Judge Calls Sale of Hershey 'Excessive and Unnecessary".

Physical Educator

| September 11, 2002 | COPYRIGHT 2009 Phi Epsilon Kappa Fraternity. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Sep. 11--The potential sale of Hershey Foods Corp. appears to be "excessive and unnecessary," and claims that the sale is only an option are "an affront to the intelligence," a Dauphin County Court judge wrote in a scathing opinion yesterday.

In a 16-page opinion, Orphans' Court Judge Warren G. Morgan outlined his reasoning behind last week's decision temporarily barring a sale while the legal case continues, and he continually called into question why the potential sale was even being considered.

Morgan blasted the Hershey Trust Co. -- created to oversee the Milton Hershey School and which has a controlling interest in Hershey Foods -- at one point saying the trustees' actions appear "so unreasonable as it relates to their duty to the school trust that it amounts to a capriciousness that is an abuse of their discretion."

The opinion, while it doesn't resolve the…

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