Zeeman Manufacturing Company, Inc. - Page 18

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          where the stores will be located, does not provide a timeframe in           
          which to act, and does not set forth financial data.                        
               Similarly, respondent argues that the minutes from the May             
          13, 1993, board of directors meeting are not specific and do not            
          provide concrete and definite plans for the accumulation.                   
          Respondent argues that petitioner provided no evidence that a               
          plan was ever finalized, no details on the long-range plan, no              
          schedule for openings and closings of stores, no specific cities            
          to target, no criteria used to determine that a particular retail           
          outlet was unprofitable, and no facts regarding the number of               
          stores to be closed.  Respondent argues that petitioner did not             
          provide the names of real estate representatives or firms that it           
          allegedly met.  As to the 4 stores opened recently by petitioner,           
          respondent argues that petitioner sets forth neither the costs of           
          opening those new stores nor the dates that the stores opened.              
          Respondent argues that petitioner has provided no evidence                  
          regarding identification of sites for new stores, no projection             
          of the amount of funds needed to acquire new stores, and no                 
          timetable for expansion into new stores.                                    
               We hold that petitioner has not disclosed in its statement             
          facts that are sufficiently substantial, material, definite, and            
          clear to permit respondent to prepare for trial.  Petitioner                
          provided insufficient basis for its assertion of its expansion              
          plans for the opening of new stores and insufficient basis for              
          its assertion that, during each of the years in issue, its                  




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