CAR_Public/020930.mbx              C L A S S   A C T I O N   R E P O R T E R

            Monday, September 30, 2002, Vol. 4, No. 193

                          Headlines

AON CORPORATION: Deadline for Lead Plaintiff Appointment Nears
ASBESTOS LITIGATION: Study Shows Asbestos Suits Preoccupying Courts
CARBOLITE FOODS: Recalls Milk Chocolate Bars Due to Undeclared Almonds
DIAL CORPORATION: Sued for Discriminating Against Female Applicants
EASTWELL TRADING: Recalls Dried Dates Containing Undeclared Sulfites

FANNIE MAE: Sued for Alleged Discriminatory Credit Scoring System
GALAXY NUTRITIONAL: Recalls Product Containing Life-Threatening Protein
GARMENT RETAILERS: Gap Joins Others in Settling Wage Claims in Saipan
HOLOCAUST LITIGATION: Judge Rejects Motion To Dismiss Survivors' Suit
IDT CORPORATION: October 11 Settlement Hearing Scheduled in New Jersey

INSURANCE LITIGATION: Judge OKs Doctors Suit, Denies Certification
INTERNATIONAL MULTIFOODS: Recalls 753 Cases of Pillsbury Muffin Mix
KANSAS CITY: City Housing Authority Announces Return To Local Control
KELLOGG USA: Recalls Cereal Products Containing Undeclared Egg, Milk
KENTUCKY: City Officials Sued for Alleged Cover-up of Sexual Abuses

KEY FOOD: Recalls Canned Salmon Bits Contaminated with Listeria
MERCK & CO.: Firm, Employees Spar Over Outreach to Minority Workers
METROPOLITAN LIFE: Washington Joins Settlement of Racial Bias Suit
NUT COUNTRY: Recalls 11 Products Containing Undeclared Allergens
OPTICAL CABLE: Judge Approves Settlement of Securities Fraud Lawsuit

PERFORMANCE TECHNOLOGIES: Agrees to Settle Outstanding Class Action
SALVATI FOODS: Recalls Vanilla Wafers Containing Undeclared Peanuts
SANTI & SONS: Recalls New Choice Mini Gel Candies for Choking-hazard
SOUTH BEACH: Recalls 17T Bottles of Drink For Undeclared Milk Protein
TOBACCO LITIGATION: Industry Wants FL Verdict, Class Status Overturned

TYCO INTERNATIONAL: Fed Panel Groups Suits, Picks NH Judge to Try Case

* Kraft Foods Responds To Pressure To Produce More Healthful Foods

                    New Securities Fraud Cases

BEVERLY ENTERPRISES: Stull Stull Commences Securities Suit in W.D. AR
CUTTER & BUCK: Spector Roseman Commences Securities Suit in W.D. WA
ECLIPSYS CORPORATION: Berger & Montague Lodges Securities Suit in FL
ELECTRONIC DATA: Charles Piven Commences Securities Suit in S.D. NY
ELECTRONIC DATA: Spector Roseman Commences Securities Suit in S.D. NY

ESS TECHNOLOGY: Milberg Weiss Commences Securities Suit in N.D. CA
ESS TECHNOLOGY: Cohen Milstein Commences Securities Suit in N.D. CA
FLEETBOSTON FINANCIAL: Weiss & Yourman Commences Securities Suit in NJ
FLEMING COMPANIES: Spector Roseman Lodges Securities Suit in E.D. Texas
HEALTHSOUTH CORPORATION: Spector Roseman Commences Lawsuit in N.D. AL

METRIS COMPANIES: Stull Stull Commences Securities Suit in Minnesota
METRIS COMPANIES: Spector Roseman Lodges Securities Suit in Minnesota
MJK CLEARING: Kirby McInerney Commences Securities Suit in Minnesota
VODAFONE GROUP: Spector Roseman Commences Securities Suit in S.D. NY
                             

                           *********


AON CORPORATION: Deadline for Lead Plaintiff Appointment Nears
--------------------------------------------------------------
The deadline for purchasers of Aon Corporation (NYSE:AOC) publicly
traded securities to move for lead plaintiff in a securities fraud
class action recently brought against the Company is rapidly
approaching.

The case is pending in the United States District Court for the
Northern District of Illinois.

The complaint charges Aon Corporation and certain of its officers and
directors with issuing false and misleading statements concerning its
business and financial condition.

Specifically, the complaint alleges that defendants issued numerous
statements and filed quarterly and annual reports with the SEC which
described the Company's earnings and financial performance.

The complaint alleges that these statements were materially false and
misleading because they failed to disclose and/or misrepresented the
following adverse facts, among others:

     (i) that the Company had materially overstated its net income by
         $27 million in 1999, by $24 million in 2000 and by $5 million
         in the first quarter of 2002;

    (ii) that the Company lacked adequate internal controls and was
         therefore unable to ascertain the true financial condition of
         the Company; and

   (iii) that as a result, the value of the Company's net income and
         financial results were materially overstated at all relevant
         times.

On August 7, 2002, before the market opened for trading, Aon shocked
the market when it announced, among other things, that:

     (a) it had failed to meet analysts' expectations on its earnings
         for the second quarter by a wide margin;

     (b) because of the slumping financial markets, it had canceled a
         spinoff of its insurance underwriting businesses to
         shareholders; and

     (c) the SEC had began an investigation of its accounting and was
         questioning several items in the Company's accounts, including
         the reporting of investment write-downs, the timing of some
         costs and a reinsurance recoverable item and the decision not
         to consolidate certain special purpose vehicles.

Aon also stated that, if the SEC says it is necessary, it will have to
restate its earnings for the past three years, and reduce its net
income by $27 million in 1999, by $24 million in 2000 and by $5 million
in the first quarter of 2002. Following this report, shares of Aon fell
$6.43 per share to close at $14.77 per share, a one-day decline of
30.3%, on volume of more than 20 million shares traded, or more than
twenty times the average daily volume.

For more information, contact Cauley Geller Bowman & Coates, LLP
through its Client Relations Department: Jackie Addison, Sue Null or
Ellie Baker by Mail: P.O. Box 25438, Little Rock, AR 72221-5438 by
Phone: 1-888-551-9944 (toll free) or by e-mail: info@cauleygeller.com


ASBESTOS LITIGATION: Study Shows Asbestos Suits Preoccupying Courts
-------------------------------------------------------------------
More than 600,000 asbestos-related lawsuits are clogging the nation's
courts and eventually could cost businesses more than $200 billion, the
study by the Rand Institute for Civil Justice estimates, according to a
report by The New York Times.

The Rand Institute also estimates that 500,000 to 2.4 million more
lawsuits could be filed.

More than 60 companies have sought bankruptcy protection since 2000,
because of mounting asbestos exposure claims, as well as hefty
settlements.  As the manufacturers of the asbestos disappear, the
lawsuits are targeting companies that sold or used products containing
asbestos.

The Rand Institute's report was released to coincide with a
congressional hearing into what companies, insurers and some lawyers
for victims are calling a national crisis.

Lawyer Steven Kazan told the Senate Judiciary on Wednesday that,
"Asbestos litigation has become a national nightmare, as well as a
national disgrace, and cries out for your attention."

Mr. Kazan and other lawyers representing very sick people fear that
compensation for their clients is becoming more unlikely.  Mr. Kazan
told the committee about lawyers who screen large groups of potential
patients, looking for claimants to sue companies.  Almost any lung
abnormality that shows up on an X-ray is being used as grounds for a
lawsuit, he said.

The Rand study supports this assertion.  The study found that 65
percent of the compensation paid in the last decade was to people with
non-cancerous conditions that did not affect their daily lives.

Mr. Kazan has joined an alliance of companies and insurers -- once his
traditional opponents -- to lobby Congress to draft legislation that
would result in priority being given to claims by the most seriously
sick.  The legislation would also preserve the right of others to sue
should they become very sick.

Fred Baron, former president of the Association of Trial Lawyers of
America defended lawsuits by people who have been exposed to asbestos,
but are not yet extremely sick.  It can take 20 to 30 years before the
cancers develop, and people have a right to sue even if they are not
yet impaired, he said.


CARBOLITE FOODS: Recalls Milk Chocolate Bars Due to Undeclared Almonds
----------------------------------------------------------------------
Carbolite Foods in Evansville issues an allergy alert on undeclared
almonds in Carbolite brand 1.75-ounce milk chocolate bars.

Carbolite Foods is recalling Carbolite brand 1.75-ounce milk chocolate
bars that bear the code T09002B, BB-4/03 stamped on the end of the
wrapper on the reverse side of the product. People who have an allergy
or a severe sensitivity to almonds run risk of serious or life-
threatening allergic reaction if they consume these products.

This recall was initiated after several consumers called the company to
report almonds in milk chocolate bar wrappers.

The product was shipped on multiple dates to distributors and food
retail outlets in Alaska, Arkansas, Arizona, California, Florida,
Georgia, Iowa, Illinois, Indiana, Kentucky, Massachusetts, Maryland,
Michigan, Minnesota, North Carolina, New Jersey, New Mexico, New York,
Ohio, Oregon, Pennsylvania, Puerto Rico, Tennessee, Texas, Virginia,
Washington, and Wisconsin. No other code dates and Carbolite products
are affected.

Carbolite Milk Chocolate bars do not ordinarily include almonds, so it
is not listed as an ingredient on packages. Tree nut allergies affect
less than 1% of all Americans. This product poses no problem if you are
not allergic to tree nuts.

Consumers who have Carbolite 1.75-ounce milk chocolate bars with the
code T09002B, BB-4/03 may obtain a full refund or replacement by
calling Carbolite Foods Consumer Hotline at 1-800-524-4473.

Carbolite Foods is cooperating fully with the U.S. Food and Drug
Administration in this precautionary action.

The company said it has identified and corrected the cause of the
mislabeling of the product in question and stressed that no other
products or codes are affected.


DIAL CORPORATION: Sued for Discriminating Against Female Applicants
-------------------------------------------------------------------
The U.S. Equal Employment Opportunity Commission (EEOC) has filed a
class-action lawsuit against Dial Corp. for discriminating against
female job applicants through the use of a heavy lifting test,
Associated Press Newswires has reported recently.  

EEOC said the suit was filed after it had exhausted conciliation
efforts to reach a voluntary settlement of the case.  Dial Corp.,
headquartered in Scottsdale, Arizona, produces sausages and canned
meats at its Fort Madison facility.

The lawsuit, brought on behalf of Paula Liles and other unnamed female
job applicants, alleges the company discriminates against women by
refusing to hire applicants who fail a "work tolerance test."  The EEOC
claims the test is intended to weed out women as supposedly more injury
prone than men.

The lawsuit asks for a court order requiring Dial Corp. to end its use
of the test and seeks back pay and damages for Ms. Liles and other
affected women.

The lawsuit, filed in U.S. District Court for the Southern District of
Iowa, claims Ms. Liles was rejected illegally for employment at the
company's Fort Madison plant because of the test, despite the fact that
she already had been working as a temporary employee at Dial and had
been offered a job, based on her successful work as a temporary,
contingent on the test.

The EEOC also alleges other women were excluded by because of their
sex.  The test is given to applicants who already have been selected as
able to perform the job.  The suit claims nearly all men have been
hired, but about half of the women have been disqualified because of
the test.

The test involves a seven-minute long simulation of picking up and
putting down a container of sausage links weighing 30 to 35 pounds,
carrying the container eight feet and lifting it from 32 to 65 inches,
according to Cynthia Demers, vice president of corporate and
governmental affairs at Dial headquarters in Scottsdale, Arizona.  The
test is directed by an occupational therapist and is designed to
determine whether an employee can work on the sausage production line,
Ms. Demers said.


EASTWELL TRADING: Recalls Dried Dates Containing Undeclared Sulfites
--------------------------------------------------------------------
New York State Agriculture Commissioner Nathan L. Rudgers warned early
this month sulfite-allergic consumers and asthmatics to avoid eating
"Eastwell Dried Dates" due to the presence of undeclared sulfites in
the product.

The product is being recalled by Eastwell Trading Corp., 8 Ingraham
Street, Brooklyn, New York 11206. The "Dried Dates" are packaged in an
uncoded, 12-ounce, plastic bag. It is a product of China. Eastwell
Dried Dates were distributed in the New York City area.

Routine sampling by New York State Department of Agriculture and
Markets food inspectors revealed the product contained high levels of
sulfites, which were not declared on the label.

Sulfites can cause deadly reactions in asthmatics and others suffering
sulfite allergies. No illnesses have been reported to date.

Consumers who have purchased "Eastwell Dried Dates" should return it to
the place of purchase.


FANNIE MAE: Sued for Alleged Discriminatory Credit Scoring System
-----------------------------------------------------------------
Safiyyah Rahmaan, a 41-year-old African-American single mom, sued
recently Fannie Mae (FNM), the nation's largest purchaser of home
mortgages, for discriminatory lending practices based on the credit
scoring system it requires lenders to use if they want to sell their
mortgages to Fannie Mae, Dow Jones Newswires reported last week.

The lawsuit, filed September 13, is now pending in the U.S. District
Court for the District of Columbia.  It is seeking unspecified amount
of economic and punitive damages as well as attorney's fees.

According to the report, Ms. Rahmaan was denied a $95,000 mortgage loan
with a 6.75% interest rate from the Cornerstone Bank in Wilson, N.C.,
based upon a credit score produced by Fannie Mae's Desktop Underwriter.
She eventually obtained a home loan at 10.5% from American Fidelity
Finance Company.  This was in 2001.  Recently, she was again denied a
$100,000 mortgage at 7% to purchase a five-unit apartment complex.  The
lawsuit says a second lender approved the loan with an interest rate of
11%.

Fannie Mae does not lend directly to consumers, but it requires lenders
to use its Desktop Underwriter software to screen loans it may want to
buy, assigning each applicant a classification based upon their credit
score, the report says.  

The paper says last year about 58% of the 5.2 million loans worth $615
billion Fannie Mae purchased were underwritten using the company's
software - an estimated $356.7 billion.  Lenders can still sell Fannie
Mae their loans underwritten on other systems if they "represent and
warranty" to Fannie Mae that the mortgages adhere to the company's
credit standards.  However, if Fannie Mae deems a borrower's risk
rating as a "caution," it will not purchase the loan, the report citing
court documents says.

Ms. Rahmaan's suit asks the court to bar Fannie Mae from using "or
relying upon racially discriminatory credit scoring systems in mortgage
loan underwriting."

"Fannie Mae markets itself as being in the `American Dream business.'
In recent years, though, motivated by a desire for greater profits,
this publicly-traded company developed and promoted an automated system
of loan approvals that focuses overwhelmingly on a prospective home
buyer's credit score," court documents cited by Dow Jones Newswires
state.  "Credit scoring systems routinely penalize minority applicants
with higher interest rates or outright denials of mortgages."

The lawsuit cites a 1999 study by rival mortgage finance company
Freddie Mac (FRE) that found 27% of white borrowers had what
researchers considered bad credit while a disproportionate percentage
of Hispanic, 34%, and African-American borrowers, 48%, had bad credit
scores.

"This rejection results in adverse action to the consumer through
outright rejection of the application for the loan or through the offer
of a loan at a high interest rate," the lawsuit states.  "As so many
loans are sold to Fannie Mae, lenders have a strong incentive to adopt
Fannie Mae's underwriting guidelines."

"Fannie Mae's underwriting guidelines thus determine the mortgage
credit available to a borrower," the suit concluded.

Milberg, Weiss, Bershad, Hynes & Lerach, the nation's largest class
action law firm, is one of four attorneys representing Ms. Rahmaan, the
report says.  They claim violations of the Fair Housing Act, the Equal
Credit Opportunity Act and the Fair Credit Reporting Act.

For its part, Fannie Mae spokeswoman Janice Daue told Dow Jones
Newswires that the company's automatic underwriting system accurately
predicts a borrower's ability to make timely payments on a mortgage and
does not discriminate.

"We are confident that Desktop Underwriter complies with fair lending
laws, does not consider prohibitive factors such as race or gender in
assessing the default risk," Ms. Daue said. "It accurately predicts
default risk for all borrowers. Desktop Underwriter expands
homeownership and supports fair lending."


GALAXY NUTRITIONAL: Recalls Product Containing Life-Threatening Protein
-----------------------------------------------------------------------
Soyco Foods, a division of Galaxy Nutritional Foods (AMEX: GXY), makers
of Soymage Vegan Brand 100% Dairy/Casein free alternatives is recalling
4,871 cases of its 6 ounce packages of Vegan Singles Mozzarella (IWS -
Individually Wrapped Slices) and 4,976 cases of its 6 ounce packages of
Vegan Singles Yellow American because they may possibly contain trace
amounts of milk protein. People who have allergies to milk protein run
the possible risk of serious or life-threatening allergic reaction if
they consume this product.

The recalled Vegan Single Slice (IWS) product was distributed through
distribution centers in the following states: NY, IA, CA, OH, PA, FL,
IL, WI, WA, VT, CO, OR, IN, NJ, TX, MN, GA, NH and CT for further
distribution to retail stores possibly nationwide.

The product comes in a 6 oz IWS film with two flavors, UPC # 0-77172-
64020-4 (Mozzarella) and UPC # 0-77172-64025-9 (Yellow American), and
expiration dates of January 23, 2003 or prior stamped on the front
display panel.

This voluntary recall was initiated after it was discovered that a milk
protein-containing product may have been mistakenly cross-mixed into
the dairy-free Vegan Slices. Immediate actions in processing have
already been taken to insure this possibility is eliminated for future
production. New production is already underway and will carry a special
Quality Assurance Seal on each package for the next several months,
thus helping our distributors, trade partners, and loyal consumers
identify this new product.

Consumers who have purchased the 6 oz IWS packages of Vegan Slices that
are allergic to milk proteins are urged to dispose the product and
contact Galaxy Nutritional Foods directly at 1-800-441-9419 to receive
a full refund for their purchase and to address any questions they may
have.


GARMENT RETAILERS: Gap Joins Others in Settling Wage Claims in Saipan
---------------------------------------------------------------------
Gap Inc. (NYSE:GPS) announced late last week that it is settling all
claims against the company in a federal class-action lawsuit alleging
violations of wage and hour laws and other workers' rights in Saipan
garment factories in the U.S. Commonwealth of the Northern Marianas
Islands.

Gap joins six other remaining U.S. clothing retailers and 23 Saipan
garment manufacturers in reaching a global settlement in the case.
Nineteen other retailers previously settled with the plaintiffs. The
settlement requires court approval and does not involve an admission of
wrongdoing by the company. The parties also settled a related
California state case filed in Superior Court in San Francisco.

In response to the settlement agreement, Gap Inc. General Counsel Lauri
Shanahan said: "We're pleased to have helped develop an enhanced
monitoring program that includes remediation efforts and has the full
support of the manufacturers. We've worked very hard to develop a
sustainable, independent monitoring program that complements our own
efforts to achieve sustained improvements in factory conditions over
time."

A Gap spokesman told the Wall Street Journal that the other retailers
that settled were Target, Abercrombie & Fitch Co. (ANF), Talbot's Inc.
(TLB), J.C. Penney Co. (JCP), Limited Brands Inc. (LTD) and Lane
Bryant.

The class action suit was originally filed in January 1999, alleging on
behalf of some 30,000 workers on the U.S. Northern Marianas islands
that they worked in sweatshop conditions for up to 12 hours a day.


HOLOCAUST LITIGATION: Judge Rejects Motion To Dismiss Survivors' Suit
---------------------------------------------------------------------
A federal judge recently rejected a motion by two European insurance
companies that wanted lawsuits brought by Holocaust survivors or their
heirs dismissed or transferred to European courts, Associated Press
Newswires reported recently.

Twelve class-action lawsuits have been filed in Manhattan federal
district court by survivors and their heirs, claiming the companies
refused to pay benefits on policies held by victims of the World War
II-era genocide.

Italian-based Assicurazioni Generali and the Zurich Life Insurance Co,
had sought to have the lawsuits dismissed.  They said the dispute
should be settled by a European court or an international commission.

U.S. District Court Judge Michael Mukasey denied the companies'
request, ruling that the case belonged in New York because many of the
survivors and heirs live in the United States, and because New York has
the second-largest concentration of Holocaust survivors after Israel.


IDT CORPORATION: October 11 Settlement Hearing Scheduled in New Jersey
----------------------------------------------------------------------
TO: All persons who purchased telephone service from IDT Corporation
    and who, at any time during the period of August 27, 1999 through
    July 31, 2002, were overcharged for telephone services obtained
    from IDT based on an improper rate and/ or an improper billing
    increment.

    Read this notice carefully - your rights may be affected by the    
    settlement of this class action lawsuit

You are a member of the settlement class that has been preliminarily
certified fit the class action lawsuit captioned Gould v. IDT
Corporation, Civil Case No. I-01-CV-04874, pending in the United States
District Court for the District of New Jersey (Orlofsky, J.)

The settlement class is defined as all individual consumers who, at any
time during the period of August 27, 1999 through July 31, 2002, were
overcharged for telephone calls by IDT based upon the application of
per minute rates that were allegedly higher than the Company
represented it would charge for such customer calls and/or the
calculation of charges for telephone services based on a billing
increment allegedly higher than the Company represented it would apply
to e.g., lull notion, increment as opposed to six second increment.

The Court has preliminarily approved the settlement of this class
action.  Under the terms of that settlement, IDT has agreed to provide
each class member with a refund of the amount overcharged. The amount
of the refund that will be sent to each eligible Settlement Class
Member is listed by account number at http://www.gouldsculement.com

THIS NOTICE IS TO ADVISE YOU OF THE FOLLOWING:

(1) The Court has preliminarily approved the proposed settlement of
this class action.  If the Court gives its final approval to the
proposed settlement, IDT has agreed to provide each class member with a
refund of the amount over charged.

(2) The attorneys representing the class will request from the Court an
award of attorneys' fees.  Any amount of attorneys' fees awarded by the
Court shall he paid by IDT separately from and in addition to any
relief provided to the class.

(3) The court will hold a hearing (Fairness Hearing) on October 11,
2002 at 2 p.m. Eastern Standard Time to make a final determination as
to whether this lawsuit should he maintained as a class action and
whether the proposed settlement is fair, reasonable, and adequate.

IF YOU ARE ONE OF THE PERSONS DESCRIBED ABOVE, YOU ARE A MEMBER OF THE
SETTLEMENT CLASS, AND YOU MAY BE ENTITLED TO PARTICIPATE IN AND/OR
OBJECT TO THE FAIRNESS, REASONABLENESS, AND ADEQUACY OF THE PROPOSED
SETTLEMENT.

(1) YOU HAVE THE RIGHT TO BE EXCLUDED (OPT OUT) FROM THE PROPOSED
SETTLEMENT.  To do so, you must personally sign a letter requesting
exclusion and mail it to the Court and counsel at the addresses listed
below.  Your request for exclusion (opt Out) must be POSTMARKED no
later than midnight of September 27, 2002 or it will not be accepted by
the Court. Unsigned, incomplete, or late letters requesting exclusion
will not be accepted. No one else can sign your letter for you. If you
do not request to be excluded you will automatically become a member of
the settlement class. Class members who opt out from the class will not
be eligible to receive the credit or cash payment described above.

(2) SUBMITTING A WRITTEN OBJECTION. As a class member, you or your
attorney may submit a written objection, which must provide your name,
address, and telephone number as well as a detailed description of
those aspects of the settlement to which you object. If you are
represented by counsel, you must also provide your counsel's name,
address, and telephone number. You must mail your objection to the
Court and counsel at the addresses below. You do not have to attend the
Fairness Hearing to object to the proposed settlement. Any written
objection must be POSTMARKED no later than midnight of September 27,
2002, or it will not he considered by the Court.

(3) APPEARING AT THE FAIRNESS HEARING. As a class member, you or your
attorney may appear at the Fairness Hearing to object to or otherwise
comment upon the proposed settlement, but only if you have properly
filed a timely written request to appear.  Class members or their
attorneys must make a request to appear in writing and mail it to the
Court and counsel at the addresses listed below. Any request to appear
must be POSTMARKED no later than midnight Of September 27, 2002, or it
will not be considered by the Court and you and your attorney will not
be permitted to appear at the hearing. The Court's calendar is subject
to change. If you intend to appear at the Fairness Hearing, please
confirm the hearing date in advance. Your request for exclusion (opt
out), objection, and/or request to appear must be timely mailed to each
of the following:

     (i) Clerk of the Court, United States District Court, District of
         New Jersey, Mitchell H. Cohen United States Courthouse, I John
         F. Gerry Plaza, Camden, NJ 08101, Re: Gould v. IDT
         Corporation.

    (ii) Shepherd & Finkelman, LLC. Washington Professional Campus, 900
         Route 168, Suite B4, Turnersville, New Jersey 080112-1453;
         Scott & Scott, LLC, 108 Norwich Avenue, Colchester, CT 06415;
         or Hoffman & Edelson, LLC, 45 West Court Street, Doylestown,
         PA 18901.

   (iii) Latham & Watkins, Attention: Scott Louis Weber, One Newark
         Center, 16th fl., Newark, New Jersey, 07101-3174.


IMPORTANT DATES AND DEADLINES

(1) Postmark Deadline for Exclusion (Opt Out) from Class: September 27,
    2002

(2) Postmark Deadline for Objections and Requests to Appear: September   
    27, 2002

(3) Fairness Hearing Date and Time: October 11, 2002 at 2 p.m.

(4) Fairness Hearing Location: Courtroom of the Honorable Stephen M.
    Orlofsky, Mitchell H. Cohen U.S. Courthouse, Courtroom 3D, 1 John
    F. Gerry Plaza. P.O. Box 588, Camden, NJ 08101.


By Sara Asbell, Clerk
Dated: September 4, 2002


INSURANCE LITIGATION: Judge OKs Doctors Suit, Denies Certification
------------------------------------------------------------------
Miami District Judge Federico A. Moreno denied class certification last
week to a raft of pending suits alleging fraud and racketeering on
behalf of 145 million HMO plan members nationwide, the Wall Street
Journal said.

The judge ruled that plaintiffs failed to establish a common scheme
among the companies, noting that health plans are negotiated locally
through subsidiaries and can vary from one contract to the next.  The
report says the denial of class certification effectively ends this
litigation, unless plaintiffs' lawyers seek a reversal by the Eleventh
U.S. Circuit Court of Appeals in Atlanta.

"We're still looking at the decision and evaluating what the options
are," Stephen Neuwirth, a partner at the New York firm Boies, Schiller
& Flexner, which is co-lead counsel for plaintiffs, told the Wall
Street Journal.  "We certainly feel that our suit exposed practices and
that that exposure forced the companies to change some of what they
were doing."

These suits alleged an industry-wide scheme to restrict or deny access
to care by penalizing physicians financially.  They sought damages,
including treble damages under the civil racketeering statute, on
grounds that the managed-care plans that members bought were worth less
than what they received.  Aetna Inc., Cigna Corp., Humana Inc., Health
Net Inc., and United Health Group Inc. were named defendants, the paper
said.

Meanwhile, in a companion case, Judge Moreno granted class
certification to a half a dozen suits challenging managed-care industry
reimbursement practices.  These suits sought to represent more than
600,000 physicians.  He placed this case on a fast track to trial.

The report says Judge Moreno found enough similarity in the way HMOs
code and process reimbursement payments to doctors to warrant class-
action status. The suit alleges that HMOs systematically bundle and
downgrade reimbursement claims to deny or delay payments.

Aetna, Cigna, Humana, United Health Group and Foundation Health, now
known as Health Net, are also defendants in the suit filed by doctors,
as are Pacificare Health Systems Inc., and Wellpoint Health Networks
Inc., the report says.

"We all know that the mere granting of the class certification is not
the end of the battle for anyone," Archie Lamb, the plaintiffs' co-lead
lawyer in the case told the Wall Street Journal. "But today is
certainly a better day for the American physician than for the managed-
care industry."

Jeffrey Klein, a lawyer speaking for the industry's defense team, told
the paper the companies would appeal.

The report says the two rulings signal a turning point in the managed-
care industry's legal wars, which began in 1999 as some of the
country's most powerful plaintiffs attorneys turned their attention
from the cigarette industry to health-maintenance organizations.


INTERNATIONAL MULTIFOODS: Recalls 753 Cases of Pillsbury Muffin Mix
-------------------------------------------------------------------
International Multifoods Corp. announced early this month that it is
voluntarily recalling 753 cases (18,072 pouches) of 8.2 oz. Pillsbury
Chocolate Chip muffin mix with a production code of D2S15A1, because
the lot may contain chocolate chips produced with milk that was not
listed on the packages' ingredient label. People who are allergic or
highly sensitive to milk run the risk of a serious or life-threatening
allergic reaction if they consume this product.

No illnesses or allergic reactions have been reported. The product is
not harmful to consumers who do not have an allergy to milk.

The only affected packages were manufactured on April 15 and have a
production code of D2S15A1 located on the back of the pouch. No other
code date, flavor or variety of Pillsbury muffin mix is impacted.

The product was distributed through retail stores in Illinois, Iowa,
Maine, Massachusetts, Michigan, Minnesota, Nebraska, New York, North
Dakota, South Dakota, Vermont and Wisconsin.

The recall was initiated after it was discovered that chocolate chips
containing milk were included in the mix and that the package did not
reveal the presence of the milk on the label.

Consumers who have a known allergy to milk and have purchased Pillsbury
Chocolate Chip muffin mix with a production code of D2S15A1 should not
consume the product and should contact the company at 1-800-767-4466
for replacement.


KANSAS CITY: City Housing Authority Announces Return To Local Control
---------------------------------------------------------------------
Kansas City Housing Authority officials announced that a long-awaited
federal court order has returned the Authority to local control, The
Kansas City Star has reported.

The Housing Authority has been under a federal court receiver since
1993.  U.S. District Court Judge Dean Whipple appointed the receiver as
part of a class-action lawsuit filed by tenants who were frustrated
about the deplorable living conditions and the long waiting lists for
apartments.

But after years of reorganization, Judge Whipple has signed an order
allowing a local board of commissioner to again run the Housing
Authority effective today.  The board's first meeting is scheduled for
October 17.

Receiver Jeff Lines, president of Boston-based TAG Associates Inc.,
will become special master and monitor board decisions.  Edwin Lowndes,
hired as executive director under Mr. Lines, will continue to run daily
operations.

"I look forward to working with the board of commissioners in the
coming year, and am confident they will maintain and improve upon the
progress the Housing Authority has made," said Mr. Lines in a news
release.

"The key to our success during receivership has been the strong and
effective working relationship with residents, a tradition and practice
the new board will follow," Mr. Lines said.

While functioning under the federal court receivership, the board
members had to undergo training in authority policies, financial
management and Section 8 housing laws.  Duties will include monitoring
performance, approving contracts between $25,000 and $100,000,
enforcing Housing Authority standards and appointing the executive
director.

Mr. Lines said he plans to ask Judge Whipple to review the transition
to local control in about one year.  If it is going smoothly, Mr. Lines
said, he will ask to leave the authority.  The court will then monitor
the board for five years.


KELLOGG USA: Recalls Cereal Products Containing Undeclared Egg, Milk
--------------------------------------------------------------------
Kellogg USA of Battle Creek, Mich., is recalling a limited number of
Kellogg's Cracklin' Oat Bran cereal products because they may contain
undeclared egg, milk or soybeans and a limited number of Kellogg's
Smart Start cereal club store packs because they may contain undeclared
almonds and milk. People who have an allergy or severe sensitivity to
egg, milk, soybeans or almonds run the risk of serious or life-
threatening allergic reaction if they consume these products.

Affected by this recall are 327,400 packages of 17-ounce Kellogg's
Cracklin' Oat Bran cereal with a UPC code of 38000 04530 and Better If
Used Before Dates of JUN 19 2003, JUL 17 2003, JUL 18 2003, and JUL 19
2003 printed on the top of the package. These packages were distributed
through retail grocery stores nationwide.

Also affected by this recall are 22,176 club store packages of 41.03-
ounce Kellogg's Smart Start cereal with a UPC code of 38000 71550 and a
Better If Used Before Date beginning May 09 2003 KNC printed on the top
of the package. These packages were distributed through Costco and BJ's
Club Warehouse stores nationwide.

No illnesses or allergic reactions have been reported to date in
connection with these problems.

These recalls were initiated after investigation of consumer complaints
revealed that products containing the listed allergens were mixed in
with products which do not contain these allergens. Subsequent
investigation indicates that the problems were caused by a temporary
breakdown in the manufacturing facility production and packaging
processes which only affected the specific Better If Used Before dates
indicated above.

Consumers who have purchased packages of 17-ounce Kellogg's Cracklin'
Oat Bran cereal with a UPC code of 38000 04530 and Better If Used
Before Dates of JUN 19 2003, JUL 17 2003, JUL 18 2003, and JUL 19 2003
or club store packages of 41.03-ounce Kellogg's Smart Start cereal with
a UPC code of 38000 71550 and a Better If Used Before Date of May 09
2003 KNC can contact Kellogg Consumer Affairs at 800-527-1557 for
further information and instructions.


KENTUCKY: City Officials Sued for Alleged Cover-up of Sexual Abuses
-------------------------------------------------------------------
The Lexington-Fayette Urban County Government and 14 current and former
officials recently were sued in a class-action lawsuit for $1 billion
by a group claiming that the city covered up years of sexual abuse by
the manager of a now-defunct youth organization, reports Associated
Press Newswires.

Ron Berry was the longtime head of Micro-City Government, which was
created to youths off the streets and involved in civic activities.  He
was convicted in March 2000, of molesting six boys between the ages of
12 and 16 over two decades and is expected to begin serving a three-
year sentence after an October 4 court appearance.

The class-action lawsuit, representing 25 men and three women, was
filed in federal district court.  It alleges that city officials for
years knew Mr. Berry was a sexual predator, yet allowed the behavior to
continue because it was politically beneficial to do so.

The lawsuit seeks a jury trial and $1 billion in compensation for the
plaintiffs.

The 60-page lawsuit makes several charges under the Racketeer
Influenced and Corrupt Organizations Act (RICO).

The lawsuit seeks to recover damages the anonymous plaintiffs sustained
as a result of abuse received as children while participating in city-
sanctioned activities and programs conducted by Micro-City Government
under the direction of Berry and his associates.

The lawsuit further claims that the city and the named officials
conspired to foster, facilitate and cover up sexual abuse and other
illegal activities at Micro-City for their own personal gain, including
garnering political favor within the African-American community.

"The Lexington-Fayette Urban County Government has had direct knowledge
for three decades of the abuse of these children, and has continually
assisted Mr. Berry and his organization in obtaining funding," said
James Morris, an attorney for the plaintiffs.

"We believe that when the evidence is fully known and when files that
have been sealed or withheld by the Lexington-Fayette Urban County
Government are released, the media and citizens of Lexington will be
shocked and astonished by the actions that have taken place."

Current Mayor Pam Miller, one of the named defendants, issued a
statement, saying, "There is absolutely no merit to this lawsuit.  It
is nothing more than harassment.  It is not difficult to find
plaintiffs when you hold out a promise of a large sum of money."

Nearly two dozen young men claimed in two earlier lawsuits filed under
the Civil Rights Act that they were victims of abuse by Mr. Berry.  The
city settled those two lawsuits for more than $2.8 million.


KEY FOOD: Recalls Canned Salmon Bits Contaminated with Listeria
---------------------------------------------------------------
State Agriculture Commissioner Nathan L. Rudgers today warned consumers
not to eat "Sliced Smoked Nova Salmon Pieces" sold at Key Food Store
#646, 22-15 31st Street, Astoria, Queens, New York due to Listeria
contamination.

"Sliced Smoked Nova Salmon Pieces are packaged in a plastic container
of varying sizes, with the code "Sell By September 24, 2002".

Key Food Store #646 is conducting a voluntary recall of the product.
According to the company, the product was sold in the Astoria, Queens
area.

The problem was discovered as a result of routine sampling by New York
State Department of Agriculture and Markets food inspectors. Production
of the product has been suspended while the company investigates the
source of the problem.

Listeria is a common organism found in nature. It can cause serious
complications for pregnant women, such as stillbirth. Other problems
can manifest in people with compromised immune systems. Listeria can
also cause serious flu-like symptoms in healthy individuals.

No illnesses have been reported to date.

Consumers who have purchased this product should return it to the place
of purchase or discard it.


MERCK & CO.: Firm, Employees Spar Over Outreach to Minority Workers
-------------------------------------------------------------------
Merck & Co. and a small group of its employees are at odds over
competing efforts to reach out to minority workers, a development that
comes just as a new phase begins in several long-running discrimination
lawsuits, reports The Star-Ledger.

The behind-the-scenes maneuvering comes one month after a federal judge
in Philadelphia allowed all Merck employees -- including those not
already involved in the lawsuits -- to submit affidavits alleging
discrimination at the Whitehouse Station drug maker.

Since then, Merck employees involved in the litigation have advertised
"town meetings" to urge and encourage their co-workers to come forward.
The 40 employees, who filed eight separate lawsuits, also plan to renew
their request for class-action status, which was denied earlier this
year.

The town meetings, which are designed to encourage other Merck
employees to file affidavits and join the lawsuits, rankled Merck
attorneys.  In a recent letter to an attorney for the employees, Merck
lawyer Michael Ossip called the meetings a misleading "fishing
expedition."

The employees, however, claim Merck is overreaching to win support of
the non-aligned minority workers.  They cite sponsorship of NAACP job
fairs, which are being promoted on WKRS-FM, a New York City radio
station that targets an African-American audience.

"They are sending a message," Martin D'Urso, an attorney for the
employees, said.  "If you are an employee and hear your company is
reaching out to minority groups, it would give you a sense that your
employer has benevolent feelings toward you."

The workers' lawsuits were filed in 1999, after a series of alleged
racial incidents at Merck's facility in West Point, Pa.  The litigation
was expanded later to include workers at other Merck plants in Rahway,
Georgia, Virginia and Nevada.

In a blow to the employees, however, U.S. District Court Judge Charles
Weiner of the Eastern District of Pennsylvania, in April, denied a
request to combine the lawsuits as a class action.

The ruling meant each employee would have to pursue individual
litigation, Mr. D'Urso said.  That could make it costlier and more
difficult for the employees to pursue the case.

But last month, Judge Weiner appeared to consider allowing separate
groups of lawsuits based on common experiences, such as the location of
a facility.  Toward that end, Judge Weiner asked the attorneys to
submit affidavits.

Merck spokeswoman Gwen Fisher said the lawsuits are without merit and
denied that the outreach efforts by Merck are a response to the
litigation.

"We have a long history of recruiting and placing ads in a variety of
venues.  And the advertising we do is part of the normal course of our
doing business," Ms. Fisher said.  "We cast the widest net possible in
order to have a diverse pool of candidates from which to draw."

A spokeswoman for Shomex Productions, which organizes the NAACP fairs,
said Merck has been a sponsor since 2000.


METROPOLITAN LIFE: Washington Joins Settlement of Racial Bias Suit
------------------------------------------------------------------
Some Washington state residents may be eligible for benefits from a
class-action settlement with Metropolitan Life Insurance Co. (MetLife)
over race-based underwriting practices, reports the Associated Press
Newswires.

New York-based MetLife was accused of charging black customers higher
premiums for less insurance coverage than it charged whites.  Black
customers, who bought policies from 1901-1972, or their families, may
be eligible for cash awards.

State Insurance Commissioner Michael Kreidler recently signed a consent
order, allowing Washington residents to join the settlements.  More
than 67,000 policies were sold to potential class members in
Washington, the insurance commissioner's office said.

"While we are pleased an agreement has been reached that will provide
restitution to so many families, it does not take away the injustice
they endured for over a century," said Mr. Kreidler.  "I hope that with
increased awareness and our continued efforts, an end to all
discriminatory and predatory sales practices is in sight."

MetLife is also making a $5 donation to the United Negro College Fund,
the insurance commissioners office said, and is conducting a $6 million
outreach campaign to let class members know about the settlement.


NUT COUNTRY: Recalls 11 Products Containing Undeclared Allergens
----------------------------------------------------------------
Nut Country, USA, Visalia, CA, is recalling the following products as
they may contain undeclared ingredients that may pose a possible health
risk.  Nut Country is recalling ALL CODES of the following listed
products for the various reasons.

(1) Candy Corn - 16 oz. -- (undeclared egg albumin, red #40, yellow #5,
                            yellow #6)

(2) Cheddar Oat Bran Mix - 16 oz. -- (undeclared wheat flour, cheddar
                            cheese, pasteurized milk, cheese cultures)

(3) Country Crunch -16 oz. - (undeclared non-fat milk, soy flour)

(4) Easter Jubilee Mix - 16 oz. -- (undeclared whey, wheat flour, soy
                            lecithin, blue #1, blue #1 lake, red #40
                            lake, yellow #5 lake)

(5) Fire Starter - 16 oz. - (undeclared unbleached wheat flour,
                            soybeans, yellow 5 & 6, turmeric)

(6) Holly Mix - 16 oz. - (undeclared milk chocolate, dry whole milk,  
                            egg whites, red #40)

(7) Mustard Pretzels - 8 oz - (undeclared non-fat milk, soy flour)

(8) Speckled Malt Eggs - 16 oz. - (undeclared whey, wheat flour, milk,
                            blue #1, red #40, blue #1 lake, red #40
                            lake, yellow #5 lake)

(9) Yogurt Almonds - 8 oz. - (undeclared peanut traces, soy lecithin,
                            non-fat dry milk.)

(10) Yogurt Pretzels - 8 oz. - (undeclared nut and/or peanut traces,
                            soy lecithin, non-fat dry milk)

(11) Yogurt Raisins - 16 oz. - (undeclared peanut traces, soy lecithin,
                            non-fat dry milk)

Products were distributed locally in Visalia, CA area, primarily
through direct sales by small distributors. The product is identifiable
by its label, "Nut Country - Visalia, Ca".

No illnesses have been reported to date.

The recall was initiated after it was discovered that the products
containing the allergens were distributed in packaging that did not
reveal the presence of these allergens.

Consumers who have purchased any of the above products may return it to
the place of purchase for a full refund or to Nut Country, 2533 E.
Valley Oak Drive, Visalia, CA 93291 or call 559-739-7025.


OPTICAL CABLE: Judge Approves Settlement of Securities Fraud Lawsuit
--------------------------------------------------------------------
A federal judge recently approved a settlement of the class-action
lawsuit between Optical Cable Corp. and a group of shareholders who had
alleged the company and a former chief executive officer had committed
securities fraud, the Roanoke Times & World News has reported.

U.S. District Court Judge James Turk described the settlement as "fair
and reasonable and just."

As announced in late June, the shareholders involved agreed to drop
their class-action lawsuit in exchange for $700,000 cash and stock
options.  At the time of settlement, the company agreed to issue
warrants good for two million shares of new stock.  Since that time,
Optical Cable Corp. instituted a 1-for-8 reverse stock split, reducing
the shares to be issued related to the settlement to 250,000.  The
exercise price for the stock options will be $4.88.

Plaintiffs' attorneys were awarded 30 percent, or $210,000 of the
settlement fund, 30 percent of the warrants for shares and $38,538 for
expenses.

Jeff Krasnow, a lawyer for the shareholders, described the settlement
as reasonable.  He added, "We hope Optical Cable will be able to
rebound from its difficulties and be very profitable for its
shareholders.  Neil Wilkin, Optical Cable's president, noted that
plaintiffs accepted settlement terms that involve the prospect of
continued investment in Optical Cable.

"Obviously, the company is pleased with the settlement," he added.  "It
confirms our belief that the settlement was in the best interests of
both the shareholders and the company."

Based in Roanoke County, Optical Cable manufactures and markets fiber-
optic cable.

Plaintiffs initially had alleged that former CEO Robert Kopstein and
other officers had committed fraud when they failed to inform
shareholders that Mr. Kopstein had pledged his once-dominant portfolio
of company stock as collateral to borrow money to buy other stock.  
When brokerage houses seized and sold much of Mr. Kopstein's stock, the
price of Optical Cable plunged.  A handful of shareholders sued, in
what became a class-action lawsuit, for unspecified damages.

The class includes shareholders who purchased the common stock of
Optical Cable from June 14, 2000 through September 26, 2001.


PERFORMANCE TECHNOLOGIES: Agrees to Settle Outstanding Class Action
-------------------------------------------------------------------
Performance Technologies, Inc. (Nasdaq NM: PTIX), a global supplier of
innovative communication and networking equipment, announced late last
week that it had signed a Memorandum of Understanding for settlement of
the class action litigation filed against the Company and a number of
its directors and officers in May 2000.

"The Board of Directors and Company management have always maintained
that we had strong and meritorious defenses to the allegations
contained in these lawsuits," said John Slusser, Chairman of the Board.

"But as is often the situation, practical aspects of cost and time
necessary to carry out the defense against these charges may have
outweighed the cost of the proposed settlement. The Board of Directors,
after careful consideration, believes this settlement, which puts this
matter behind us, is in the best interest of the Company's overall
business, our employees, our customers and our current shareholders,"
Mr. Slusser said.

During the second quarter of 2000, the Company announced that the then
current customer order backlog was not sufficient to meet revenue and
earnings expectations for the second quarter, and given the Company's
difficulty in predicting the timing of when customers would begin
production shipments for the Company's new design wins, management
adjusted revenue and earnings expectations for the second quarter and
the year. On and after May 24, 2000, multiple class action lawsuits
were filed against the Corporation, as well as several of its officers
and directors. Those lawsuits were subsequently consolidated into one
action.

The terms of the settlement outlined in the memorandum between the
Company and the class action plaintiffs are being submitted to the
Court in the form of a settlement agreement. This proposed settlement
will be subject to Court acceptance and approval. Although the Company
had modest Director and Officer insurance coverage, the charge to
Company's earnings related to this agreement will be less than
$150,000. This charge will be recorded in the Company's third quarter
2002 operating period.

Performance Technologies (NASDAQ:PTIX) is a global supplier of
innovative, packet-based communications and networking equipment. With
core competencies in embedded IP/Ethernet, wide area networking and
SS7/IP interworking, we offer both hardware and software solutions
vital to existing as well as emerging networks. Our proven products for
embedded switching, network access and SS7 network replacement offer
cost-saving benefits and time-to-market advantages to companies
developing telecom, enterprise and military applications.

Performance Technologies is headquartered in Rochester, New York.
Additional engineering facilities are located in San Diego, California
and Ottawa, Canada. For more information about Performance
Technologies, visit http://www.pt.com


SALVATI FOODS: Recalls Vanilla Wafers Containing Undeclared Peanuts
-------------------------------------------------------------------
Salvati Foods, Inc., of Hicksville, N.Y. is recalling 14 ounce packages
of "Cabrioni Biscotti" Vanilla Wafers "Wafers Alla Vaniglia" because
they may contain undeclared peanuts. People who have allergies to
peanuts run the risk of serious or life-threatening allergic reactions
if they consume this product.

The recalled Cabrioni Vanilla Wafers were distributed in the New York
City metropolitan area (New York, New Jersey, and Connecticut) in
retail stores. The recalled product is uncoded, and comes in a 14 ounce
sealed plastic bag. It is a product of Italy.

No illnesses have been reported to date in connection with this
product.

The recall was initiated after routine sampling by a New York State
Dept. of Agriculture & Markets Food Inspector revealed that this
product was distributed in packaging that did not indicate the presence
of peanuts. Consumers who have purchased the 14 ounce packages of
Cabrioni Vanilla Wafers are urged to return them to the place of
purchase for a full refund. Consumers with questions may contact
Salvati Foods at I -516-932-8300.


SANTI & SONS: Recalls New Choice Mini Gel Candies for Choking-hazard
--------------------------------------------------------------------
Recent tests show that New Choice Brand Food Mini Gel Candies contain
the ingredient "Konjac". This product poses a serious choking risk,
particularly to infants, children, and the elderly.

The candies are sold under the brand names New Choice Mini Fruit Gels,
Yummy Choice Fruit Gel Snack and Sheng Hsiang Jen (chinese label)
Conjac Coconut jell in the following flavors: apple, grape, taro,
lychee, peach, pineapple, mango, orange, lemon, strawberry, and as
"assorted" flavors.

Each gel cup is about the size of a single-serve coffee creamer. The
gel cups are sold in 250 gram (8.75 oz) and 300 gram (10.5 oz) plastic
bags or in 1100 gram (38.5 oz) and 1500 gram (52.5 oz) plastic jars.
Some of these products have a warning suggesting that they are a
choking hazard, and some labels state that they should not be consumed
by children of various ages, ranging from 3 to 6 years of age.

Please examine the stock immediately to determine if you have any of
the products on hand. If so discontinue distributing the lot and
promptly return product for a full refund.

If you have any questions concerning this matter, please contact our
office Monday-Friday 7:00 a.m. to 4:00 p.m. at 610-736-0501.


SOUTH BEACH: Recalls 17T Bottles of Drink For Undeclared Milk Protein
---------------------------------------------------------------------
South Beach Beverage Company today announced the voluntary recall of as
many as 17,280 cases of SoBe Tsunami Orange Cream Flavored Beverage in
20-ounce glass bottles due to undeclared milk protein. People who have
an allergy or severe sensitivity to milk run the risk of a potentially
serious or life-threatening allergic reaction if they consume the
product.

This mislabeling issue is plain to see. The only packages that may be
affected by this recall are 20-ounce bottles of SoBe Tsunami Orange
Cream Flavored Beverage that have a SoBe Green Tea label on the back
panel and bear the production code AUG 11 03 CT823 XXXX VG080722.

There is nothing wrong with the product quality and, while it is
correctly identified as SoBe Tsunami Orange Cream Flavored Beverage on
the front label, certain back panels, which include nutrition facts and
ingredients, may be mislabeled as SoBe Green Tea. These labels were
incorrectly applied at one production facility and the issue was
discovered after the bottles were released for distribution.

The potentially affected packages have been distributed primarily to
convenience stores and other retail outlets in parts of 15 states:
Kansas, Louisiana, Illinois, Indiana, Iowa, Michigan, Minnesota,
Missouri, Nebraska, North Carolina, Oklahoma, Tennessee, Texas,
Virginia and Wisconsin.

Consumers who find a mislabeled bottle of SoBe Tsunami Orange Cream
Flavored Beverage can call SoBe Consumer Relations at 1-800-588-0548 to
replace the product. For individuals who do not have an allergy or
severe sensitivity to milk, the product is perfectly safe to drink.

There have been no reported allergic reactions or illnesses associated
with this mislabeling issue to date. No other SoBe products or packages
are affected. Consumers who want more information can call SoBe
Consumer Relations at 1-800-588-0548.


TOBACCO LITIGATION: Industry Wants FL Verdict, Class Status Overturned
----------------------------------------------------------------------
The tobacco industry is seeking to have a record $145 billion verdict
for Florida's smokers erased and the lawsuit stripped of its class
action status, according to the appeals papers recently filed by the
nation's four biggest cigarette makers, the Associated Press Newswires
reported.  

Liggett Group, the fifth largest cigarette manufacturer, is expected to
file its papers in a few days, upon which occurrence, the 3rd District
Court of Appeal in Miami will schedule oral arguments.

This appeal subjects the Florida verdict to its first comprehensive
test before a state appeals court, since the punitive damage award was
announced two years ago.

The single lawsuit covering an estimated 300,000 to 700,000 sick
Florida smokers was justified only with "legal and factual
contortions," the tobacco industry said.

"Courts around the country have now settled the question with virtual
unanimity," said the companies in their 90-page filing:  "Smokers'
claims are uniquely individualized and hence unsuitable for class-
action treatment."  Without class-action status, the case cannot be
retried.

The appeals court now considering the case, rejected a nationwide
class, but allowed the case limited to Florida smokers to go to trial.

The cigarette makers also accused smokers' attorney Stanley Rosenblatt
of making "unjustifiable" racial appeals to black jurors.  Mr.
Rosenblatt has rejected those assertions.

Mr. Rosenblatt also has refused comment on the latest arguments put
forth by the appeal.  His earlier court filing said, among other
things, that the verdict should be upheld and would not financially
break any company.

The cigarette makers attacked each phase of the three-part trial before
a Miami jury, and repeated an argument rejected by the jurors -- that
the award would put them out of business.  State law prohibits punitive
verdicts that would bankrupt companies.

The industry argued that the trial plan improperly allowed the jury to
set punitive damages for all smokers without considering their
individual claims for compensatory damages.  The jury had considered
the compensatory claims of three representative smokers with cancer
before setting punitive damages.

The panel decided that cigarettes are deadly, addictive and defective
because they make people sick when used as directed.

The verdict covers defendants Philip Morris, R.J. Reynolds, Brown &
Williamson, Lorillard and Liggett.


TYCO INTERNATIONAL: Fed Panel Groups Suits, Picks NH Judge to Try Case
----------------------------------------------------------------------
Tyco International's new CEO Edward Breen hopes to shore up investor
confidence with a conference call discussion of the firm's efforts to
institute reforms and clean house, USA Today reported recently.

But dozens of Tyco stockholders already have issued unofficial votes of
no confidence -- via federal lawsuits that accuse the company of
misleading them even as its stock tanked.

A federal court panel recently consolidated 25 cases filed in three
states and assigned the combined filings to Judge Paul Barbadoro, the
chief federal judge in New Hampshire, home of Tyco's U.S. operations
base.

The lawsuits charge that Tyco failed to alert investors about an
estimated 700 corporate acquisitions that cost the firm $8 billion.

These omissions helped artificially inflate Tyco's stock, the lawsuits
charge, driving shares to a 52-week high of $60.09.  The stock has
plummeted 70 percent this year amid criminal indictments of ex-CEO
Dennis Kozlowski and two other former company executives, along with
lawsuits filed against the three by the Securities and Exchange
Commission and Tyco itself.

The consolidated securities case brought by the investors echoes other
civil allegations that the company improperly failed to disclose
hundreds of millions of dollars in loans and other related-party
transactions, involving Mr. Kozlowski and other executives and
directors.

"I think the chances of this case succeeding are about as close to 100
per cent as you can possibly get," says Jay Eisenhofer, a Delaware
lawyer who represents two Louisiana public pension systems that are
seeking lead plaintiff status in the securities class-action case.

The company has sued its own former executives, and people have been
arrested.


* Kraft Foods Responds To Pressure To Produce More Healthful Foods
------------------------------------------------------------------
Although McDonald's, the defendant, in two class-action lawsuits
blaming fast-food companies for health problems, and critics of such
suits throughout the country, are calling such lawsuits absurd,
ridiculous and certainly without merit, still there is a list of food
companies that are redesigning their food products into more healthful
versions of themselves, reports the Chicago Tribune recently.

One of these is Northfield-based Kraft Foods Inc., and though hush-
hush, Kraft next year plans to spend a large amount of advertising
money behind two new line extensions that carry the "Better for you"
tag.  Cool Whip and a line of Jell-O, will be the starters, said
sources who have been briefed on the plans.

It is not clear, however, whether the company intends to fold in
current light and fat-free versions of the products under a new
description, if new product formulations will result.

These moves come as watchdogs and activists are seeking ways, including
implementing the court system, to pin some of the obesity blame and its
resulting health problems on food companies.

The latest McDonald's lawsuit alleges that the fast-food company's
marketing tactics unfairly target kids and contribute to childhood
obesity.  And although McDonald's has said the lawsuit has no merit,
nevertheless, it, too, is working to produce healthier-for-you food.
The chain announced earlier that it was changing to a new, lower-fat
cooking oil for its famous French fries.


                    New Securities Fraud Cases


BEVERLY ENTERPRISES: Stull Stull Commences Securities Suit in W.D. AR
---------------------------------------------------------------------
Stull, Stull & Brody recently filed a class action lawsuit in the
United States District Court for the Western District of Arkansas, on
behalf of purchasers of Beverly Enterprises, Inc. (NYSE: BEV) publicly
traded securities between October 16, 2000 and July 19, 2002, inclusive
against defendants Beverly, certain of its senior officers and
directors, and its independent auditor Ernst & Young, LLP.

The complaint alleges violations of Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder.
Specifically, the suit alleges that Beverly overstated its assets and
earnings and that its loss provision and expenses were understated
throughout the Class Period.

For more information, contact Tzivia Brody, Esq. by Phone: 1-800-337-
4983 (toll free) by e-mail: SSBNY@aol.com by Fax: 212/490-2022 or by
Mail: 6 East 45th Street, New York, NY 10017


CUTTER & BUCK: Spector Roseman Commences Securities Suit in W.D. WA
-------------------------------------------------------------------
The law firm of Spector, Roseman & Kodroff, P.C. filed recently a class
action in the United States District Court for the Western District of
Washington on behalf of purchasers of Cutter & Buck, Inc.
(Nasdaq:CBUKE) publicly traded securities during the period between
June 23, 2000 and August 12, 2002, inclusive.

The complaint charges Cutter & Buck and certain of its officers and
directors with violations of the Securities Exchange Act of 1934.
Cutter & Buck designs and markets upscale men's and women's sportswear
and outerwear under the Cutter & Buck brand.

The Company sells its products primarily through golf pro shops and
resorts, corporate accounts, specialty retail, and Company-owned retail
stores. The complaint alleges that during the Class Period, defendants
caused Cutter & Buck's shares to trade at artificially inflated levels
through the issuance of false and misleading financial statements.

On August 12, 2002, Cutter & Buck issued a press release entitled,
"Cutter & Buck Announces Discovery of Accounting Irregularities in
Fiscal Years 2000 and 2001; Reports Resignation of Chief Financial
Officer; Announces Preliminary First Quarter Fiscal Year 2003 Operating
Results." On this news, the stock dropped to below $4 per share on
volume of more than 468,000 shares.

For more information, contact Spector, Roseman & Kodroff, P.C. through
Robert M. Roseman by Phone: 888-844-5862


ECLIPSYS CORPORATION: Berger & Montague Lodges Securities Suit in FL
--------------------------------------------------------------------
The law firm of Berger & Montague, P.C. filed recently a class action
suit against Eclipsys Corporation (Nasdaq:ECLP) and its Chief Executive
Officer, who is also a director, its Chief Financial Officer and its
Chief Operating Officer in the United States District Court for the
Southern District of Florida, Civil Action No. 02-80697 on behalf of
all persons or entities who purchased Eclipsys common stock between
July 23, 2001 and June 27, 2002, inclusive.

The complaint alleges that Eclipsys and its three chief officers
violated the federal securities laws by issuing false and misleading
statements during the Class Period. Contrary to their positive
statements, defendants, according to the complaint, were in possession
of materially adverse information which they failed to disclose.

Specifically, during the Class Period, defendants trumpeted the large
amount of new sales the Company was booking and the expansion of its
sales force. In making these announcements, defendants knew or
recklessly ignored that the Company was experiencing a decline in
demand for its information technology and that it had failed to
sufficiently increase its expenditures for research and development,
costs necessary to correct operational problems at the platform-level
of its technology.

This fraudulent course of conduct allowed Eclipsys insiders, including
the named defendants, to sell over 388,500 shares and pocket in excess
of $9.69 million while privy to material adverse knowledge regarding
the Company's true financial status.

On June 28, 2002, the Company shocked the market by announcing that
instead of the profit that the Company had previously told the market
to expect, the Company would report a loss of $0.07-0.10 per share due
to fewer contracts closing. The price of Eclipsys stock tumbled nearly
50% on the announcement.

For more information, contact Sherrie R. Savett, Esq., Robin
Switzenbaum, Esq., Kimberly A. Walker (Investor Relations Manager,
Berger & Montague, P.C.) by Mail: 1622 Locust Street, Philadelphia, PA
19103 by Phone: 888-891-2289 or 215-875-3000 or by Fax: 215-875-5715


ELECTRONIC DATA: Charles Piven Commences Securities Suit in S.D. NY
-------------------------------------------------------------------
Law Offices Of Charles J. Piven, P.A. announced Friday that a
securities class action has been commenced on behalf of shareholders
who acquired Electronic Data Systems Corp. (NYSE:EDS) securities
between September 7, 1999 and September 24, 2002, inclusive.

The case is pending in the United States District Court for the
Southern District of New York against defendant EDS and certain of its
officers and directors.

The action charges that defendants violated federal securities laws by
issuing a series of materially false and misleading statements to the
market throughout the Class Period which statements had the effect of
artificially inflating the market price of the Company's securities.

No class has yet been certified in the above action.

For more information, contact the Law Offices Of Charles J. Piven, P.A.
by Mail: The World Trade Center-Baltimore, 401 East Pratt Street, Suite
2525, Baltimore, Maryland 21202 by e-mail: hoffman@pivenlaw.com or by
Phone: 410-986-0036


ELECTRONIC DATA: Spector Roseman Commences Securities Suit in S.D. NY
---------------------------------------------------------------------
The law firm of Spector, Roseman & Kodroff, P.C. filed recently a class
action on behalf of purchasers of the securities of Electronic Data
Systems Corporation (NYSE:EDS) between April 19, 2002 and September 24,
2002, inclusive.  The suit is pending in the U.S. District Court for
the Southern District of New York.

The Complaint alleges that defendants violated Sections 10(b) and 20(a)
of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated
thereunder, by issuing a series of material misrepresentations to the
market between April 19, 2002 and September 24, 2002, thereby
artificially inflating the price of EDS securities.

The complaint alleges that defendants issued numerous statements which
highlighted the Company's strong financial performance and reassured
investors that the Company's "business and financial fundamentals are
sound" and the Company's balance sheet is "rock solid."

These statements were materially false and misleading because they
failed to disclose and/or misrepresented:

     (a) that the Company's program to "manage" its future stock
         issuance under its employee stock option program was
         essentially an un-hedged bet on the price of EDS common stock,
         which was exposing the Company to substantial liabilities
         which were not reflected in the Company's financial
         statements;

     (b) that the Company was recording and reporting as assets (e.g.
         accounts receivable) and as revenue, purported receipts from
         contracts structured as percentage-of-completion payment
         arrangements where the requirements of Generally Accepted
         Accounting Principles (GAAP) for such recording were not met
         and where sufficient evidential matter did not exist to
         support the claimed positive impact on EDS's books;

     (c) that the Company improperly recorded revenue on contracts for
         software that did not meet GAAP requirements for such revenue
         recognition;

     (d) that the Company was experiencing difficulties with certain of
         its European contracts such that these contracts were not
         performing according to the Company's expectations; and

     (e) as a result of the foregoing, defendants' statements
         concerning the Company, its earnings, accounting practices and
         prospects were lacking in a reasonable basis at all relevant
         times.

On September 18, 2002, EDS announced that it expects "revenues and
earnings for its third quarter of 2002 to be lower than company
guidance."

On September 24, 2002, certain analysts downgraded their rating on EDS
stock, citing the Company's obligations on certain put contracts and
that in order to close out the position, EDS would have to pay $225
million.

In response, EDS issued a press release in which it acknowledged that
it had borrowed money in the commercial paper markets to close out the
put contracts. In later public comments, an EDS spokesperson confirmed
that the Company borrowed $225 million. In response to these
announcements, the price of EDS common stock plunged further, falling
from the previous day's close of $16.52 per share to close at $11.68
per share.

For more information, contact Robert M. Roseman by Phone: 888-844-5862
(toll free) by e-mail: classaction@srk-law.com or visit the firm's Web
site: http://www.srk-law.com


ESS TECHNOLOGY: Milberg Weiss Commences Securities Suit in N.D. CA
------------------------------------------------------------------
Milberg Weiss filed late last week a class action in the United States
District Court for the Northern District of California on behalf of
purchasers of ESS Technology Inc. (NASDAQ:ESST) publicly traded
securities during the period between Jan. 23, 2002 and Sept. 12, 2002.

The complaint charges ESS Technology and certain of its officers and
directors with violations of the Securities Exchange Act of 1934. The
complaint alleges that defendants disseminated false and misleading
statements concerning the Company's operations and its prospects for
2002. Taking advantage of the inflation in ESS stock, certain of ESS's
officers sold $1.8 million worth of their own ESS stock at artificially
inflated prices of as much as $25.78 per share, while the Company
itself sold $45.5 million worth of its own stock.


For more information, contact Milberg Weiss Bershad Hynes & Lerach LLP
through William Lerach by Phone: 800-449-4900 or by e-mail:
wsl@milberg.com


ESS TECHNOLOGY: Cohen Milstein Commences Securities Suit in N.D. CA
-------------------------------------------------------------------
The law firm of Cohen, Milstein, Hausfeld & Toll, P.L.L.C. filed
recently a lawsuit against ESS Technology, Inc. and certain of its
officers and directors (NasdaqNM:ESST) in the United States District
Court for the Northern District of California on behalf all persons who
purchased or otherwise acquired the securities of ESS between January
23, 2002 and September 12, 2002 inclusive.

The Complaint charges ESS and certain of its officers and directors
with violations of federal securities laws. Among other things,
plaintiff claims that defendants' material omissions and the
dissemination of materially misleading statements regarding the nature
of ESS's revenue and business prospects caused ESS's stock price to
become artificially inflated, inflicting damages on investors.

The complaint alleges that defendants failed to disclose the declining
demand, downward price pressure and increasing commodification of ESS's
core product, DVD-processor chips, as new competitors gained market
share.

The effect of these problems and the true nature of the Company's
business prospects were revealed on the last day of the Class Period,
and the next day the Company's stock plunged more than 30%.

For more information, contact Steven J. Toll or Lisa Polk by Mail: 1100
New York Avenue, NW, Suite 500 - West Tower, Washington, DC 20005 by
Phone: 888-240-0775 or 202-408-4600 or by e-mail: stoll@cmht.com or
lpolk@cmht.com


FLEETBOSTON FINANCIAL: Weiss & Yourman Commences Securities Suit in NJ
----------------------------------------------------------------------
Weiss & Yourman recently filed a class action against FleetBoston
Financial Corporation (NYSE:FBF), and certain of its officers and
directors was commenced in the United States District Court for the
District of New Jersey, on behalf of all persons who exchanged shares
of Summit Bancorp for shares of common stock of FleetBoston in
connection with the merger between Summit and FleetBoston which was
completed on or about March 1, 2001 (the "Merger").

The complaint charges the defendants with violations of the Securities
Act of 1933. The complaint alleges that defendants issued false and
misleading statements, which artificially inflated the price of
FleetBoston securities at the time of the Merger.

For more details, contact James E. Tullman, David C. Katz, and/or Mark
D. Smilow by Phone: 888-593-4771 or 212-682-3025 by e-mail:
info@wynyc.com or by Mail: The French Building, 551 Fifth Avenue, Suite
1600, New York, New York 10176


FLEMING COMPANIES: Spector Roseman Lodges Securities Suit in E.D. Texas
-----------------------------------------------------------------------
The law firm of Spector, Roseman & Kodroff, P.C. announces that a class
action has been commenced in the United States District Court for the
Eastern District of Texas on behalf of purchasers of Fleming Companies
Inc. (NYSE:FLM) common stock during the period between May 9, 2001 and
September 4, 2002.

The complaint alleges that Fleming and certain of its officers and
directors violated the Securities Exchange Act of 1934. Fleming is a
wholesale food distributor, supplying brand-name and private-label food
and general merchandise to thousands of retailers. It also owns more
than 100 stores, which operate under the Food4Less and Rainbow Foods
banners.

The complaint alleges that during the Class Period, Fleming issued
false statements, including false financial results in which the
Company included income from vendor discounts to which Fleming was not
entitled.

As a result of defendants' false statements, the Company's stock traded
at artificially inflated levels, as high as $37.30 per share,
permitting Fleming to complete an 8 million share secondary stock
offering, a $200 million Note offering and the acquisition of Core-Mark
International in the spring of 2002. Also, due to Fleming's
artificially inflated earnings, its CEO and CFO received bonuses for
2001 of $2.6 million and $1.15 million, respectively.

On September 5, 2002, Fleming announced its estimates would need to be
reduced. On the same day, The Wall Street Journal discussed Fleming's
practice of taking excessive deductions on the amounts it owed to
vendors. The article mentioned an executive of the Company who resigned
due to his objection to the practice, and also indicated that some
vendors refused to ship to Fleming because of disputes with Fleming
over the practice. Once this news was revealed, Fleming's stock
collapsed to $6.87 before closing at $6.92, some 80% below the Class
Period high of $37.30.

For more information, contact Robert M. Roseman by Phone: 888-844-5862
(toll free) by e-mail: classaction@srk-law.com or visit the firm's Web
site: http://www.srk-law.com


HEALTHSOUTH CORPORATION: Spector Roseman Commences Lawsuit in N.D. AL
---------------------------------------------------------------------
The law firm of Spector, Roseman & Kodroff, P.C. commenced recently a
class action in the United States District Court for the Northern
District of Alabama, Southern Division, on behalf of purchasers of
HealthSouth Corporation (NYSE:HRC) publicly traded securities during
the period between January 14, 2002 and August 27, 2002, inclusive.

The lawsuit alleges that a widespread securities fraud has been
perpetrated against purchasers of HealthSouth. On August 27, 2002, when
HealthSouth announced that certain Medicare "billing changes" would
cause HealthSouth's earnings to fall well below guidance, the price of
HealthSouth's common stock collapsed 58% in two days.

Defendant Richard Scrushy claimed, at the time, that the full impact of
this "new" information was only learned by HealthSouth on August 15,
2002, which explained why HealthSouth did not disclose the information
to HealthSouth investors earlier. These statements were false as
William Owens, HealthSouth's Chief Executive Officer, has now admitted
that HealthSouth knew of a potential problem by at least June 6, 2002,
and defendant George Strong sold nearly $2 million worth of HealthSouth
stock between June 7 - 11, 2002.

HealthSouth and Scrushy's assertion that they disclosed this adverse
information timely is further undermined by the fact that the Centers
for Medicare and Medicaid (CMS) have stated that the "new" information
"identified" by HealthSouth and Scrushy was not "new" information at
all, but a mere clarification of existing policy.

Moreover, CMS had never permitted healthcare providers to seek payment
for individual services when such services were, in fact, provided not
to an individual but to a group of individuals, and HealthSouth was
seeking such improper reimbursement nonetheless. Investors lost
millions while defendant Scrushy sold over $50 million worth of
HealthSouth stock at artificially inflated prices before the collapse.

The Securities and Exchange is now investigating the Company over its
recent disclosures of lower earnings. The SEC notice sent to
HealthSouth reportedly seeks 28 categories of information from December
1, 2001 through the present, covering in effect all company paperwork
concerning a profit warning issued August 27, 2002.

For more details, contact Robert M. Roseman by Phone: 888-844-5862 by
e-mail: classaction@srk-law.com or visit the firm's Web site:
http://www.srk-law.com


METRIS COMPANIES: Stull Stull Commences Securities Suit in Minnesota
--------------------------------------------------------------------
Stull, Stull & Brody filed the first class action lawsuit against
Metris Companies, Inc. (NYSE:MXT) on September 20, 2002, not September
23, 2002, as stated on a previous press release.

Accordingly, class members interested in becoming lead plaintiff in the
action have until November 19, 2002 to complete a certification.

The action is on behalf of all purchasers of Metris between November 5,
2001 and July 17, 2002, inclusive, and alleges that the Company and
certain of its officers and directors violated Sections 10(b) and 20(a)
of the Securities Exchange Act of 1934 and Rule 10-b(5) during the
Class Period.  The case is now pending in the United States District
Court for the District of Minnesota.  The Complaint seeks to recover
damages on behalf of all Class members.

For more information, contact Michael Braun or Patrice Bishop of Stull,
Stull & Brody by Phone: 888-388-4605 (toll free) by e-mail:
info@secfraud.com or visit the firm's Web site: http://www.secfraud.com


METRIS COMPANIES: Spector Roseman Lodges Securities Suit in Minnesota
---------------------------------------------------------------------
The law firm of Spector, Roseman & Kodroff, P.C. commenced recently a
class action in the United States District Court for the District of
Minnesota on behalf of purchasers of Metris Companies, Inc. (NYSE:MXT)
publicly traded securities during the period between November 5, 2001
and July 16, 2002, inclusive.

The complaint alleges that Metris misled the investing community
concerning the existence of a Report of Examination (the "ROE")
released by the Office of the Comptroller of the Currency (the "OCC"),
the primary federal regulator of Direct Merchants. Moreover, the
Complaint charges that defendants misled the investing community
regarding the adverse material effect the ROE would have on Metris'
financial condition.

The Complaint also alleges that the OCC released the ROE to defendants
on November 5, 2001, but that defendants failed to reveal the existence
of the ROE to the public until April 17, 2002, and thereafter
misrepresented the effect it would have on Metris.

The findings of the ROE were ultimately addressed in a consent
agreement between Direct Merchants and the OCC, and obligated Direct
Merchants to restructure significant parts of its operations including
its credit policies, credit risk assessment, debt forbearance,
allowance for loan and lease losses and internal controls. The
Complaint further alleges that as a result of defendants' actions,
plaintiff and the Class were damaged.

For more information, contact Robert M. Roseman 888-844-5862 (toll
free) by e-mail: classaction@srk-law.com or visit the firm's Web site:
http://www.srk-law.com


MJK CLEARING: Kirby McInerney Commences Securities Suit in Minnesota
--------------------------------------------------------------------
The law firm of Kirby McInerney & Squire, LLP commenced recently a
class action in the United States District Court for the District of
Minnesota on behalf of all investors who purchased Secured Demand Notes
issued by MJK Clearing, Inc. and held such Notes on or about September
27, 2001. The action seeks to recover losses suffered by such
investors.

MJK Clearing raised more than $25 million from its sales to investors
of the Secured Demand Notes. The complaint alleges that the sales of
the Secured Demand Notes were in violation of sections 12 and 15 of the
Securities Act of 1933. Due to such violations, as the complaint
alleges, the action seeks rescission and compensatory damages.

Claims for violations of the Securities Act are asserted against MJK's
senior officers:

     (i) Todd W. Miller, MJK's President and Chief Operating Officer;

    (ii) Jeffrey L. Houdak, MJK's Chief Financial Office; and

   (iii) Thomas Brooks, MJK's Vice President;

    (iv) members of MJK's Board of Directors: Eldon C. Miller,

     (v) David B. Johnson, and

    (vi) John E. Feltl;

   (vii) MJK brokers who sold the Secured Demand Notes: Paul Kuehn,

  (viii) Bill Kuehn,
    (ix) Chuck Reynolds,
     (x) Jeff Rahm,
    (xi) Roger Tadson,
   (xii) Pat Maloney,
  (xiii) Mark Beese, and
   (xiv) Al Gramentz
MJK Clearing is not named as a defendant because it is subject to the
protection of "automatic stay" under the bankruptcy code.

Plaintiffs are represented by Kirby McInerney & Squire, LLP, which
specializes in complex litigation, including securities class actions.

The firm has repeatedly demonstrated its expertise in this field, and
has been recognized by various courts which have appointed the firm to
major positions in consolidated and multi-district litigation.

The firm's efforts on behalf of shareholders in securities litigation
have resulted in recoveries totaling hundreds of millions of dollars,
and its achievements and quality of service have been chronicled in
numerous published decisions.

For more information, contact Alice McInerney, Esq., Richard Stone,
Esq. or Robert de los Reyes, Esq. by Mail: 830 Third Avenue, 10th Floor
New York, New York 10022 by Phone: 212-317-2300 or 888-529-4787 (toll
free) or by e-Mail: rdelosreyes@kmslaw.com


VODAFONE GROUP: Spector Roseman Commences Securities Suit in S.D. NY
--------------------------------------------------------------------
The law firm of Spector, Roseman & Kodroff, P.C. announced Friday that
a class action lawsuit was filed on September 18, 2002 on behalf of
purchasers of the securities of Vodafone Group plc (NYSE:VOD) between
March 7, 2001 and May 28, 2002, inclusive.  The suit is pending in the
U.S. District Court for the Southern District of New York.

The Complaint alleges that defendants violated Sections 10(b) and 20(a)
of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated
thereunder, by issuing a series of material misrepresentations to the
market between March 7, 2001 and May 28, 2002, thereby artificially
inflating the price of Vodafone securities.

The complaint alleges defendants issued numerous statements, which
highlighted the Company's strong financial performance and growth and
reassured investors that Vodafone maintained a "solid balance sheet."
These statements were materially false and misleading because they
failed to disclose and/or misrepresented:

     (a) that the Company was improperly delaying the write-down of
         billions of dollars of goodwill and impaired assets, thereby
         artificially inflating the Company's reported financial
         results;

     (b) that the Company had grossly overpaid for the numerous
         acquisitions it had made in prior years; and

     (c) based on the foregoing, defendants' representation that the
         Company would continue to maintain its "record of delivering
         outstanding performance" was lacking in a reasonable basis.

On May 28, 2002, the Company announced its financial results for the
fiscal year 2002, the period ending March 31, 2002, which included
massive write downs for goodwill and exceptional items and operating
costs and exceptional non-operating costs.

For more information, contact Robert M. Roseman by Phone: 888-844-5862
(toll free) by e-mail: classaction@srk-law.com or visit the firm's Web
site: http://www.rk-law.com


                              *********



S U B S C R I P T I O N   I N F O R M A T I O N

Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Trenton, New Jersey, and
Beard Group, Inc., Washington, D.C.  Enid Sterling, Aurora Fatima
Antonio and Lyndsey Resnick, Editors.

Copyright 2002.  All rights reserved.  ISSN 1525-2272.

This material is copyrighted and any commercial use, resale or
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Information contained herein is obtained from sources believed to be
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