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Country Band Alabama Sues Drummer Over Money

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The Tampa Tribune

Published: June 8, 2008

The drummer for the country group Alabama has been sued by his fellow band members, who say he was overpaid $202,670.

The lawsuit filed May 9 in the Circuit Court of DeKalb County, Ala., claims that in 2003 Mark Herndon was paid for his share of net merchandise sales during the band's "American Farewell Tour" before a final accounting was done.

The final accounting, the suit claims, found that "there were no net merchandise revenues as defined by the contract."

The lawsuit seeks to recover the money.

The four members of Alabama - Teddy Gentry, Randy Owen, Jeff Cook and Herndon - have not performed together live since the 2003 farewell tour. Band members did gather Saturday for the unveiling of a group of bronze statues in their honor in Fort Payne, Ala.

The lawsuit, which names The Group Alabama Inc. as the plaintiff, also states that Herndon has demanded a payment of $65,047 which represents his share of an advance against anticipated sales of the "The Last Stand" CD, which was recorded live during the farewell tour and is being sold by Cracker Barrel restaurants.

Alabama contends in the lawsuit that this amount and Herndon's share of any future earnings should be withheld until the full amount Herndon was overpaid for merchandise sales is repaid.

Today's Birthdays

Former first lady Barbara Bush is 83. Comedian Joan Rivers is 75. Singer Bonnie Tyler is 55. Actor-director Keenen Ivory Wayans is 50. Musician Nick Rhodes (Duran Duran) is 46. Actress Julianna Margulies is 41. Rapper Kanye West is 31.

Source: The Associated Press

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