==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15169 / December 2, 1996 SECURITIES AND EXCHANGE COMMISSION v. HOWARD S. HOOVER, Jr. Civil Action No. H 94-0081, USDC/SD TX [Houston Division] On September 11, 1995, the United States District Court for the Southern District of Texas entered an Order of Summary Judgment in favor of defendant Howard S. Hoover, Jr. The Commission's Complaint against Mr. Hoover, formerly General Counsel and Director of Browning-Ferris Industries, Inc. ("BFI"), alleged that he had sold shares of BFI while in possession of material, non-public information concerning the company's actual and projected earnings, in violation of Section 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder. Following a Commission motion for partial summary judgment, and Mr. Hoover's cross-motion for summary judgment, the Court ruled that the earnings information in Mr. Hoover's possession was not material. On October 3, 1995, the Court entered a Final Judgment in favor of Mr. Hoover. ==========================================START OF PAGE 2======