Windstream 2008 Annual Report Download - page 70
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Windstream Corporation
Form 10-K, Part I
Item 2. Properties
PRODUCT DISTRIBUTION PROPERTY
Properties of the product distribution operations consist primarily of office and warehouse facilities and software to
support the business units in the distribution of telecommunications products. The total gross investment by category
for the product distribution operations of the Company as of December 31, 2008, was as follows:
(Millions)
Land $-
Building and improvements 0.3
Software, including internally developed 6.5
Furniture, vehicles and other equipment 4.8
Total $ 11.6
Item 3. Legal Proceedings
On August 14, 2008, Windstream Corporation, Windstream Nebraska, Inc., Windstream Systems of the Midwest, Inc.,
and Windstream Benefits Committee filed a class action complaint for declaratory judgment in the United States
District Court for the District of Nebraska against the local bargaining unit for the Communication Workers of
America and several former Aliant retirees individually and as representatives of persons similarly situated requesting
the court to declare that the Company had a unilateral right to make certain amendments to its postretirement, medical
and life insurance plans (see Note 8). On December 3, 2008, the Court entered the Company’s Notice of Agreed
Dismissal dismissing the Company’s claims against the local bargaining unit for the Communication Workers of
America. On November 26, 2008, the individual defendants moved for a preliminary injunction that sought to prevent
the Company from implementing the amendments to its postretirement, medical and life insurance plans on
December 30, 2008. The Court entered an order denying the individual defendants’ motion for a preliminary injunction
on December 30, 2008. Trial in this matter has been tentatively scheduled for the third quarter of 2009. The Company
intends to vigorously assert and defend its position in this matter.
The Company is party to various other legal proceedings. Although the ultimate resolution of these various proceedings
cannot be determined at this time, management of the Company does not believe that such proceedings, individually or
in the aggregate, will have a material adverse effect on the future consolidated results of income, cash flows or
financial condition of the Company.
In addition, management of the Company is currently not aware of any environmental matters that, individually or in
the aggregate, would have a material adverse effect on the consolidated financial condition or results of operations of
the Company.
Item 4. Submission of Matters to a Vote of Security Holders
No matters were submitted to the security holders for a vote during the fourth quarter of 2008.
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