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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
Current Report
Pursuant to Section 13 or 15(d) of
The Securities Exchange Act of 1934
Date of Report (date of earliest event reported) February 16, 2001
PEN HOLDINGS, INC.
(Exact name of registrant as specified in its charter)
Tennessee 333-60599 62-0852576
(State or other (Commission File Number) (IRS Employer
jurisdiction of Identification No.)
incorporation)
5110 Maryland Way, Suite 300 Brentwood, Tennessee 37027
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code (615) 371-7300
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ITEM 5. OTHER EVENTS.
On February 16, 2001, Pen Holdings, Inc. ("Pen Holdings") issued a
press release with respect to the Supreme Court of Kentucky's decision not to
review the February 25, 2000 two-to-one split decision of the Commonwealth of
Kentucky Court of Appeals against Pen Holdings' wholly owned subsidiary The Elk
Horn Coal Corporation and in favor of Cheyenne Resources, Inc. and its wholly
owned subsidiary PC&H Construction, Inc. The Supreme Court of Kentucky's
decision not to review the lower court decision renders the judgment in the
case final. A copy of this press release is attached hereto as Exhibit 99.1.
Pen Holdings will hold a teleconference call on February 27, 2001
(2:00 p.m. CST) to discuss matters covered in this Form 8-K. To access the
conference call, listeners should contact Jane Fitters at Pen Holdings
(Tel: (615) 371-7304) to receive the call-in information for the teleconference.
You must contact Pen Holdings by 11:00 a.m. (CST) on February 27, 2001 if
you wish to register to participate in the live teleconference. Replays of the
call will be available beginning at 4:00 p.m. (CST) on February 27, 2001 and
continue until 12:00 a.m. (CST) on March 2, 2001 and can be accessed by calling
Jane Fitters at the above referenced number for the call-in information.
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The statements contained in this Form 8-K and Exhibits hereto that are not
historical facts are "forward looking statements" (as such term is defined in
the Private Securities Litigation Reform Act of 1995). Management cautions the
reader that these forward-looking statements are only predictions. No assurance
can be given that future results will be achieved; actual events or results may
differ materially as a result of risks facing Pen Holdings, Inc. and it
subsidiaries. Such risks include those described under the caption "Risk
Factors" in Pen Holdings' Form 10-K for the year ended December 31, 1999 filed
with the Securities and Exchange Commission and risks relating to the ultimate
remedies sought by the Banks as a result of the Credit Defaults. Such risks
could cause actual results to vary materially from the future results indicted,
expressed or implied, in such forward-looking statements.
ITEM 7. EXHIBITS.
Exhibit 99.1 - Press Release dated February 16, 2001
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SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.
Date: February 26, 2001 PEN HOLDINGS, INC.
By: /s/ MARK A. OLDHAM
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Name: Mark A. Oldham
Title: Senior Vice President,
Secretary, Treasurer and
Chief Financial Officer
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Exhibits
Exhibit 99.1 Press Release dated February 16, 2001