Oprah’s Beef-Bashing Lawsuit
Opens Quietly, Under Gag Order

AMARILLO — When Oprah "I’ve eaten my last hamburger" Winfrey’s representatives this week came looking for a place to put on their show while she appears in court for disparaging beef, one of the venues they considered was the Big Texan restaurant, home of the 72-ounce steak.

Perhaps it was a case of miscommunication, inasmuch as the boss was absent.

The plaintiff was there. His lawyers were there. Even a PETA representative dressed as a cow complete with udders was there. But defendant Winfrey left the pretrial conferences this week to her lawyers.

A Dallas man dressed as a Holstein cow greeted those coming to the Federal Building in Amarillo Tuesday. He held a sign saying "Go Oprah. Go Veg" before chilly winds and gray skies sent him inside for warmth after about an hour.

Texas cattleman Paul Engler of Cactus Feeders Inc., appeared in court with his lawyers for docket call, as did the attorneys for Oprah Winfrey, her production company and Howard Lyman, director of the Humane Society's anti-meat "Eating with Conscience" campaign.

Texas Beef Group, Perryton Feeders Inc., Maltese Cross Cattle Co., Bravo Cattle Co., Alpha 3 Cattle Co. and Dripping Springs Inc. have joined Engler and Cactus Feeders in suing Winfrey, Harpo Productions, Lyman and King World Productions Inc. over an episode of Winfrey's television show which concerned so-called "mad cow" disease.

Federal District Judge Mary Lou Robinson called the attorneys together in her chambers following docket call to discuss pretrial motions, including the defendants’ request for a change of venue and dropping of the gag order that prevents anyone connected with the suit from talking to the news media.

The conference lasted from 10 a.m. until 5 p.m. Tuesday with a two and a half hour break for lunch.

As the lawyers left the judge's chambers at 5 p.m., they declined comment, saying only that they were still under the gag order.

The trial is set for Jan. 20 and is expected to last from three to five weeks.

The cattlemen are suing for libel under Chapter 96 of the Texas Civic Practices and Remedies Code, which establishes liability for intentionally disseminating false information about a perishable food product.

The suit revolves around Lyman's comments concerning mad cow disease when he appeared on Winfrey's television show "Oprah." Engler maintains that cattle prices dropped after comments were made on Winfrey's show by Lyman and her guests concerning beef and mad cow disease. Engler says he and Cactus Feeders lost $6.7 million because of statements made on the show.