CAR_Public/021022.mbx                C L A S S   A C T I O N   R E P O R T E R
  
               Tuesday, October 22, 2002, Vol. 4, No. 209

                             Headlines
                            
ABC MORTGAGE: Businessman Files Suit Over Unsolicited Advertisements
AUSTRALIA: Fishing Lobby Group's Appeal Over Fishing Havens Rejected
AUSTRALIA: Bali Massacre To Spawn Some Suits Over Intelligence Failure
BODY SOLUTIONS: Woman's Suit Delayed As Firm Gets Bankruptcy Protection
CANADA: Quebec Consumers Group Files Antitrust Suit About Beer Prices

CANADIAN NATIONAL: Suits Over Derailment in Amite, Louisiana Commence
CATHOLIC CHURCH: Abuse Victims Criticize Vatican Rejection of US Policy
CONTINENTAL AIRLINES: Trial in Travel Agents Suit Set For April 2003
EL PASO: Major Stockholder Declared Lead Plaintiff in Securities Suit
ENRON CORP.: Judge Refuses To Drop Female Worker From Creditors' Suit

ENRON CORPORATION: WA State Agencies File Suit Over Securities Losses
FLORIDA: New Nassau County Jail Constructed After Years of Litigation
GEORGIA: Fulton County Seeks End Of Jail Oversight, Despite Objections
METROPOLITAN LIFE: 98T Ohio Residents Eligible For Bias Suit Settlement
NEW JERSEY: Prison Faces Suit Over Handling Of Inmates With Hepatitis C

SEARS, ROEBUCK & CO.: Securities Suit Alleges Firm Misled Investors
SOUTH CAROLINA: Suit Filed Over Painkiller Linked To Meningitis Cases
SYMBOL TECHNOLOGIES: Reveals Investigation, Plan to Restate Earnings
TACO BELL: To Appeal OR Jury's Verdict for Plaintiffs in Overtime Suit
TEXAS: Orange County Sued Over $15 County Court-At-Law Filing Fees

UNDERWRITER LITIGATION: Small Investors Blame Underwriters For Losses
UNITED KINGDOM: Residents To File Suit For Losses After Lorry Crash
UNITED STATES: Residents To Sue U.S. Commander Over Noise From Air Base
WILLIAMS COMPANIES: Lawsuit Alleges Firm Inflated Energy Trading Book

                     New Securities Fraud Cases

ATLAS AIR: Wolf Popper Commences Securities Fraud Suit in S.D. New York
DPL INC.: Cauley Geller Commences Securities Fraud Suit in S.D. OH
ELECTRONIC DATA: Spector Roseman Files Securities Fraud Suit in S.D. NY
FIRST HORIZON: Lockridge Grindal Commences Securities Suit in N.D. GA
KINDRED HEALTHCARE: Charles Piven Commences Securities Suit in W.D. KY

LIBERATE TECHNOLOGIES: Brodsky & Smith Files Securities Suit in N.D. CA
QUINTILES TRANSNATIONAL: Beatie and Osborn Begins Securities Suit in NC
SCHERING-PLOUGH: Brodsky & Smith Launches Securities Suit in New Jersey
SEARS ROEBUCK: Milberg Weiss Commences Securities Fraud Suit in N.D. IL
TXU CORPORATION: Bernstein Liebhard Launches Securities Suit in N.D. TX

TXU CORPORATION: Nixon Patterson Commences Securities Suit in E.D. TX
TXU CORPORATION: Spector Roseman Commences Securities Suit in N.D. TX
TXU CORPORATION: Emerson Firm Lodges Securities Fraud Suit in N.D. TX
TXU CORPORATION: Wolf Haldenstein Commences Securities Suit in N.D. TX
TXU CORPORATION: Charles Piven Lodges Securities Fraud Suit in N.D. TX

TXU CORPORATION: Diamond McCarthy Commences Securities Suit in N.D. TX
UNDERWRITERS LITIGATION: Rabin & Peckel Commences Securities Suit in NY

                             *********

ABC MORTGAGE: Businessman Files Suit Over Unsolicited Advertisements
--------------------------------------------------------------------
Saying consumers need to fight back against unwanted advertising faxes,
a businessman, formerly from Shrewsbury, Massachusetts, has filed a
lawsuit against a mortgage company, claiming it violated a 1991 federal
law prohibiting such intrusions, Associated Press Newswires reports.

Thomas Mulhern is seeking class action status for his suit, filed
recently in Worcester Superior Court.  Mr. Mulhern, who operated a
software business out of his home, claims ABC Mortgage Company sent him
at least 14 unwanted faxes after he sent the company a certified letter
asking it to stop.

"When you get several businesses doing it to you every day, and you
start to run out of paper and toner, and you are trying to run a small
business, it gets pretty disruptive," he told the Telegram & Gazette in
Worcester.  "And it's illegal."

Lawyers for Mr. Mulhern said they believed the case was the first to be
brought in Massachusetts under the federal law.  The statute, which
requires individuals to bring suit in state courts and state attorneys
general to sue in federal court, has had mixed results.

The statute has been used in Texas and other states to win hefty class
action judgments against bulk faxers.  However, a federal judge in
Missouri ruled, in a case now under appeal, that unsolicited fax ads
amount to constitutionally protected free speech.

Matthew McCue of Worcester, a lawyer who represents Mr. Mulhern, along
with Edward Broderick, a Brookline lawyer, called the issue a classic
one for class action consumer litigation.  "These companies fight back
very aggressively and force litigation that incurs costs," Mr. McCue
said.  "For an individual that is difficult.  But when you can
aggregate a number of small claims into one mass, consumers can obtain
more leverage."

A Massachusetts law, which takes effect in January, will provide
additional protections for consumers by allowing them to place their
names and numbers on a "Do Not Call" list that telemarketers will be
required to buy.  However, said Mr. McCue, unsolicited faxes "are
already illegal."


AUSTRALIA: Fishing Lobby Group's Appeal Over Fishing Havens Rejected
--------------------------------------------------------------------
The commercial fishing lobby group Profish has ended its long legal
battle with the New South Wales Fisheries Minister Eddie Obeid in the
High Court, The Canberra Times reports.

Profish, acting on behalf of New South Wales fisherman, had argued that
Mr. Obeid should have done an environmental assessment before he closed
30 lakes and estuaries along the New South Wales coast to commercial
fishing and created recreational fishing havens.  However, said Profish
spokesman Graeme Hillyard, the High Court's decision to reject their
appeal against an earlier court decision meant it was now "a dead
issue."

Mr. Hillyard said commercial fishing would not now resume in these
areas in the foreseeable future, but he was hopeful the closures would
be reviewed at some future time.  Mr. Obeid welcomed the High Court's
decision, saying it upheld New South Wales Fisheries' reforms and ended
the possibility of commercial fishing ever being renewed in the
recently created fishing havens.

This was Profish's third defeat after similar decisions in two separate
courts.  "The various court decisions clearly indicate the New South
Wales Government has acted appropriately in protecting 27 percent of
the state's estuarine waters from commercial fishing," Mr. Obeid said.  
"It is now time for Profish to put an end to their differences and to
work with the New South Wales government to ensure we manage the
resource in the best way possible."

Mr. Hillyard said he and others were more than happy to sit down and
talk with the minister, but alleged that Mr. Obeid had shown no
interest so far in doing so.  "Now we will contact members who left the
industry about the possibility of class action over compensation
payments that were either inadequate or non-existent."

Whether or not Mr. Hillyard's interpretation of the invitation sent
forth by Mr. Obeid is the one intended by the Fisheries Minister, will
be determined by future events.


AUSTRALIA: Bali Massacre To Spawn Some Suits Over Intelligence Failure
----------------------------------------------------------------------
Australia's Prime Minister John Howard has been in politics long enough
to know that his concession, made recently in Parliament, that
Australia did not act on information that Bali was a possible terrorist
target, presents a political problem, the Australian Financial Review
reports.  The reality is that intelligence failure will be an important
factor in the class actions that are almost certain to emerge from the
Bali terrorist massacre.

Analysts of the political scene say it is one of the requirements of an
accountable Westminster system that questions be asked of and answered
by the relevant authorities.  Some of these questions are:

     (1) Was there in fact an intelligence failure?

     (2) Should agencies, notably the Office of National Assessments,
         which received warnings about Bali and other locations in
         Indonesia, have been more energetic in passing on this
         information?

     (3) Why was such information not incorporated in travel
         advisories?

     (4) Did concerns about giving offense to Indonesia, not to mention
         harming commercial interests involved in tourism to Indonesia,
         over-ride the need to be prudent?

The analysts say that although the Prime Minister attributed
responsibility for the threat assessments relating to Bali in
particular, and Indonesia generally, to the "relevant intelligence
agencies," in the end the government itself is responsible for the
actions of the component parts.

It seems that, at the very least, Australia was not as pro-active as it
might have been regarding potential threats in Indonesia, say the
analysts.  They conclude that if there is a less in Bali, it is that no
purpose is served by understating the dangers involved in a patently
uncertain environment.


BODY SOLUTIONS: Woman's Suit Delayed As Firm Gets Bankruptcy Protection
-----------------------------------------------------------------------
The class action filed against Body Solutions, Inc. by a woman from
Dade City, Florida, has been placed on indefinite hold, as the Company
seeks bankruptcy protection, the St. Petersburg Times reports.  The
lawsuit was filed in Pasco-Pinellas Circuit Court, where the plaintiff
is seeking class action status for the lawsuit in order to represent
everyone in Florida who bought the product.

The attorneys of Body Solutions, which markets an overnight weight loss
formula, filed the company's official notice of bankruptcy with Pasco
courts, upon which the court stayed the lawsuit, blocking any new
actions.

All new action in the near future will take place in a Dallas
bankruptcy court, where Body Solutions has sought protection from
creditors while it reorganizes, attorney Kendra Mancusi said.

Ms. Mancusi is representing the plaintiff, who earlier this year sued
the makers of the weight-loss product, which is heavily advertised on
radio stations.  Plaintiff Janet Makinen said she bought the product,
but she never lost weight and could not get her money back.


CANADA: Quebec Consumers Group Files Antitrust Suit About Beer Prices
---------------------------------------------------------------------
A Quebec consumers group is seeking class action status for a suit
against a beer distributor managed by Sleeman Breweries Ltd., who
recently admitted it tried to prevent retailers in the province from
offering discounts on its products, The Globe and Mail reports.

Option Consommateurs said yesterday, in a news release, that "several
thousand" Quebec consumers ended up paying more then they should have
for such brands as Old Milwaukee, Red Bull and Colt 45, in the 12
months from April 1999, to April 2000.  The Montreal-based advocacy
group is seeking damages of $400,000, in Quebec Superior Court.

Cie Brasserie Stroh (Quebec) Ltee of Laval was recently fined $250,000
after pleading guilty in the Federal Court of Canada to charges of
price maintenance.  The charges followed an investigation by the
Competition Bureau of Canada that began in 2001.

According to an agreed statement of facts, Brasserie Stroh offered
volume discounts to the retailers on the condition that they maintain a
minimum retail price set by the company.  The practice had an impact on
more than $2 million of beer sales in the 12-month period.

"There is a presumption that the price maintenance resulted in
supplementary costs to consumers," said Pierre Sylvestre, one of the
Montreal lawyers retained by Option Consommateurs.

Brasserie Stroh is owned by City Brewing of Lacrosse, Wisconsin, and
managed by Sleeman of Guelph, Ontario.  Sleeman Breweries, which owns
the Canadian rights to Stroh brands, paid the $250,000 fine as per its
management agreement with City Brewing.


CANADIAN NATIONAL: Suits Over Derailment in Amite, Louisiana Commence
---------------------------------------------------------------------
Less than a week after a recent train derailment and chemical spill in
Amite, Louisiana, forced mass evacuations, class actions already are
being filed, the Associated Press Newswires reports.  The suits are
alleging that the railroad failed to maintain the track and that the
train's crew failed to properly warn people of danger.  No serious
injuries were reported.  The spill forced 794 families to leave their
homes and closed 40 businesses from a Saturday to a Tuesday.

The Louisiana State Bar Association Disaster Response Team began
monitoring the situation in Amite and will provide "free legal advice
for individuals regarding non-fee generating matters directly related
to the disaster," a spokeswoman said.  

Officials with the Tangipahoa Parish Clerk of Court's Office said that
various attorneys had filed four lawsuits in connection with the
derailment.  Judges have combined attorneys from those lawsuits into a
committee.  So far, all 14 members of that committee are Louisiana
lawyers, and most of them practice law in the Florida Parishes.

Mr. Thompson said the railroad will set up a claims office next
Tuesday, October 22, at the Amite City Hall.


CATHOLIC CHURCH: Abuse Victims Criticize Vatican Rejection of US Policy
-----------------------------------------------------------------------
Victims of sexual abuse by Roman Catholic clergy expressed dismay over
the Vatican's rejection of an American bishops' policy formulated to
punish guilty members of the clergy, the Associated Press reports.

Mark Serrano, a national board member of the Survivors Network of Those
Abused by Priests, called the Vatican response "a victory for Vatican
bureaucrats and recalcitrant bishops."  He said victims should lobby
for changes in US law that would make it easier to prosecute offenders,
according to an AP report.  

However, defenders for the church attest that the Vatican was simply
trying to develop a policy that protected children while also
preserving the rights of accused priests.  Russell Shaw, a former
spokesman for the United States Conference of Catholic Bishops and the
Knights of Columbus, told AP it would be wrong to conclude that the
bishops' policy was dead.  He urged rank-and-file Catholics to
recognize the difficulties of implementing a plan that was fair to both
victims and clergy.  "This is not the end of the game," Mr. Shaw said.
"Everyone would like it to be overnight but it's too large and
complex."

The Vatican rejected the policy saying, there were conflicts between
the policy and church law, and expressed concern that some language in
the plan was imprecise and difficult to interpret.

Rev. Robert Bullock, an organizer of the Boston Priests Forum, an
advocacy group of more than 100 priests, told AP he hoped church
leaders would respond to the Vatican statement by working to heal the
rifts the new policy created between bishops and diocesan clergy.

Rev. Bullock added that the US policy "did all the things necessary for
victims, but the question is what does it do to due process for
priests."  Many priests have complained that bishops have been
scapegoating clergy to placate victims. In Rome, a cardinal who
reviewed the policy said preserving the bond between bishops and
priests was indeed a Vatican concern.

A commission of Holy See officials and US bishops is being established
to resolve the problems.


CONTINENTAL AIRLINES: Trial in Travel Agents Suit Set For April 2003
--------------------------------------------------------------------
Trial in the antitrust class action pending against Continental
Airlines, Inc. and other airlines will commenced in April 29,2003 in
the United States District Court for the Eastern District of North
Carolina.

The suit challenges the reduction and ultimate elimination of travel
agent base commissions by certain air carriers, including the Company
and other domestic and international air carriers.  The amended
complaint alleges an unlawful agreement among the airline defendants to
reduce, cap or eliminate commissions in violation of federal antitrust
laws during the years 1997 to 2002.  

The court certified the class on September 18, 2002.  Factual discovery
has been completed and expert witness depositions will commence soon.  

The Company believes the plaintiffs' claims are without merit and is
vigorously defending this lawsuit.  Although the Company cannot at this
time predict the outcome of this case, it does not believe the outcome
will have a material adverse effect on its financial position or
results of operations.


EL PASO:  Major Stockholder Declared Lead Plaintiff in Securities Suit
---------------------------------------------------------------------
Texas natural gas tycoon Oscar Wyatt, a major stockholder and public
critic of El Paso Corporation's management and accounting, is now the
lead plaintiff in a class action accusing the Company - the biggest US
natural gas firm - of misleading investors, Reuters English News
Service reports.

US District Judge Lynn Hughes, in an order recently made public, named
Mr. Wyatt the lead plaintiff in the suit, a position Mr. Wyatt had
sought.  Mr. Wyatt is a major Company shareholder and has become a
public nemesis of the Houston Company's management, whom he blames for
the plummeting of the Company's stock.

Mr. Wyatt, 77, became one of the Company's biggest shareholders when he
sold Coastal Corp. to the Company for $17.4 billion in January 2001,
and acquired about four million shares.  Since then, its stock has
declined about 90 percent, trimming more than $200 million off the
value of Mr. Wyatt's holdings.

The Company has seen its stock destroyed since the demise of Enron
Corp., which disintegrated into bankruptcy over questions about off-
balance sheet partnerships that hid debt and artificially boosted
profits.  The Company's huge debt and a recent decision by a Federal
Regulatory Commission judge, blaming the company for withholding
natural gas from California during its energy crisis have aggravated
the fall.  

Mr. Wyatt has told Reuters that he wants a wholesale management shake-
up and a return to more conservative bookkeeping at the Company.  It
was Mr. Wyatt who sent a letter critical of a certain power transaction
involving the Company to the U.S. Securities and Exchange Commission
and congressional leaders.


ENRON CORP.: Judge Refuses To Drop Female Worker From Creditors' Suit
---------------------------------------------------------------------
A woman's request to be dropped from a lawsuit brought by the creditors
of fallen energy giant Enron Corporation, because she claims she is
"broke" was denied recently, when the judge learned she had pocketed
$500,000 in one partnership transaction, according to a report by the
Houston Chronicle.

The Company's creditors won final approval to proceed with their
lawsuit against nine former Enron employees, after the judge denied
Anne Yeager Patel's request to be dropped.  The lawsuit against nine
defendants, including former Chairman Kenneth Lay, former Chief
Executive Officer Jeffrey Skilling and former Chief Financial Officer
Andrew Fastow, was filed recently in a Montgomery County State Court.  
The bankruptcy creditors seek punitive damages for defrauding the
Company from all the defendants except Mr. Lay, whom they accuse only
of being inattentive to company activities.

Much of Thursday's hearing was devoted to Ms. Patel's efforts to be
dropped from the suit.  A junior partner of Enron and its LJM
partnership in her first job out of graduate school, Ms. Patel earned
$500,000 from an investment of a few thousand dollars in the
Southampton partnership in the year 2000.

Of those funds, Ms. Patel's lawyer said, only $28,000 remained, and
that was seized by the federal government as part of its criminal
probe, although she has not been charged with any wrongdoing.

"The mere fact that the government obtained an order to seize her funds
speaks volumes about her actions in the transaction," said Luc Despins,
a lawyer for the creditors committee, arguing for her to remain a
defendant.

However, Ms. Patel's lawyer, Bruce Baird said his client should not
have been named in the lawsuit, because she did not know there was
anything illegal about participating in Southampton.  "What is not
alleged, and could not be alleged, is that my client knew anything
about a scheme," Mr. Baird said.  "She was told this was a bonus."

In approving the committee's lawsuit, and its inclusion of Ms. Patel,
Judge Arthur Gonzalez said he questioned whether a junior employee
anywhere could expect a $500,000 bonus.

Other former Enron employees named in the creditors' 31-page complaint
are:

     (1) Treasurer Ben Glisan Jr.,

     (2) Chief Risk Officer Richard Buy,

     (3) Chief Accounting Officer Richard Causey,

     (4) company lawyer Kristina Mordaunt and

     (5) Vice President Kathy Lynn

Meanwhile, the lawyers for Mr. Lay have asked federal judge Melinda
Harmon, who is hearing two class actions, to move the creditors'
lawsuit into her court.  In their papers, the lawyers say moving the
case to Judge Harmon's court would simplify the discovery process in
all the related Enron lawsuits, as well as make it easier for any
settlement talks.


ENRON CORPORATION: WA State Agencies File Suit Over Securities Losses
---------------------------------------------------------------------
Washington state agencies have filed claims totaling more than $100
million in the $63.3 billion Enron Corp. bankruptcy - Tuesday of last
week being the last day for filing claims with the US Bankruptcy Court
in New York, that is handling the Enron case, the largest ever
bankruptcy in the United States when it was filed last December,
according to a report by The Spokesman Review.  

Scott Huntley, a spokesman for the State Investment Board, said that
Washington's claim will be pooled with those of other states that filed
class action against the Company.

An open-ended claim on behalf of the state's electricity consumers
could dwarf the total sought by the Washington agencies, however.  The
unknown in the consumers' claim is the losses suffered by customers of
Washington utilities that spent hundreds of millions for electricity in
2000 and 2001, when Enron and other energy companies were manipulating
prices at the wholesale level.

Cheryl Reed, a spokeswoman for the attorney general's office, said that
almost all of Washington's known loss was suffered by the State
Investment Board, which owned Enron stock and bonds and filed a $100
million claim.  Ms. Reed said the Department of Labor and Industries is
seeking $278,571.01, and the Department of Revenue also is seeking a
small amount.

Mr. Huntley said that since the state is joining up with other states
filing class actions, Washington state will divide whatever amount is
set aside for the class, one of many involved in the massive case.


FLORIDA: New Nassau County Jail Constructed After Years of Litigation
---------------------------------------------------------------------
Ten years and several lawsuits later, Sheriff Ray Geiger hopes that
next month he will be opening a new Nassau County, Florida, jail, The
Florida Times-Union reports.  The new jail is the result of a court
order, issued in a federal class action, brought by inmates at the old
Nassau County jail.

Sheriff Joe Geiger is pleased and excited that he is finally getting
the jail he has been asking for since 1993.  However, it was not until
after the court order had been issued, that a sense of reality settled
on the issue, and it began to inch forward.

In those ten years, Mr. Geiger has been sued twice over overcrowding
and unsanitary conditions, including chronic leaking problems, at the
old jail.  However, there is still some waiting - Sheriff Geiger does
not expect to get the final OK to start re-housing prisoners before
November 15.

What makes the Sheriff so enthusiastic?  The old jail's 153 beds cannot
handle the 215 prisoners Nassau averages each month.  The new jail can
accommodate a maximum of 314 prisoners.

The new jail will have 68 employees; the old jail had 51.  This new
policy is grounded in the court order that was issued as a result of
the federal class action.

The old jail was smoke-free and TV-free, and that policy will continue
in the new jail, said Sheriff Geiger, even though the new jail comes
equipped with shelves high up on the walls in the cell blocks to hold
television sets.  A number one priority that was kept in mind during
the design of the new jail was "officer safety and public safety," said
Sheriff Geiger.


GEORGIA: Fulton County Seeks End Of Jail Oversight, Despite Objections
----------------------------------------------------------------------
Lawyers for Fulton County recently told a federal judge he should cease
his oversight of the jail because conditions there no longer violate
civil rights laws, the Atlanta Journal-Constitution reports.

However, a lawyer representing HIV-positive inmates who have sued the
problem-plagued facility asserted otherwise.  They say enough problems
remain to imperil the inmates' health and safety.

US District Judge Marvin Shoob, who has presided over the three-year-
old case, did not issue an immediate ruling.  When the class action was
filed in 1999, the jail was severely crowded and medical care was
abysmal, according to findings by a court-appointed monitor.  Some HIV-
positive inmates, Judge Shoob learned, had died because of the neglect.

At the recent hearing, Judge Shoob acknowledged that the county has
made "substantial progress" improving jail conditions.  Its population
has dropped from 4,300 inmates to about 2,500 - a savings to the county
of more than $50,000 a day.

More to the point of the oversight, medical care to HIV-positive
inmates also has improved markedly, the court-appointed monitor
testified.  "There has been tremendous positive change," said the
monitor, Robert Greifinger, a former medical director of the New York
State Department of Corrections.

However, Dr. Greifinger also testified that problems remain at the
jail.  Earlier this summer, he said, an inmate suffering from bleeding
ulcers was taken to Grady Memorial Hospital, where he lay for 11 hours
without being checked by a doctor.  The inmate later died.

Dr. Greifinger said there needs to be better communication between the
jail and the hospital, which treats county inmates.  Among his other
concerns are that:

     (1) the jail is not giving mentally ill HIV-positive inmates all
         the medications they need upon release;

     (2) the county's medical vendor is not operating without a
         contract; and

     (3) the jail's heating and ventilation system is inadequate.

Tamara Serwer, a lawyer for the HIV-positive inmates, said these types
of deficiencies require Judge Shoob to continue his oversight.  "The
inmates in this jail have a constitutional right to basic living
conditions and basic medical care," Ms. Serwer said.  "We have not had
enough time to see the risk eliminated."

However, county lawyer Steve Rosenberg told Judge Shoob that it is time
for him to terminate the case.  "Fulton County is of the opinion there
are no longer any constitutional violations going on at the jail," he
said.


METROPOLITAN LIFE: 98T Ohio Residents Eligible For Bias Suit Settlement
-----------------------------------------------------------------------
Metropolitan Life Insurance Company will pay $8.6 million to nearly
98,000 Ohio customers who were discriminated against because of their
race, under a recently signed agreement by the director of the Ohio
Department of Insurance, the Associated Press Newswires reports.

The agreement settles a five-state class action that accused the New
York-based insurer of charging blacks and other minority customers
higher premiums for less insurance coverage than it charged whites.  
Minority customers who bought policies from 1901-1972, or their
families, may be eligible for cash awards, said Insurance Director Lee
Covington.

MetLife also is making a $5 million donation to the United Negro
College Fund and is conducting a $6 million outreach campaign to let
people who may be eligible for compensation know about the settlement,
the Ohio insurance department said.


NEW JERSEY: Prison Faces Suit Over Handling Of Inmates With Hepatitis C
-----------------------------------------------------------------------
The state of New Jersey faces a federal class action, alleging that it
failed to test prison inmates in high risk groups for hepatitis C
infection and likewise test for the disease in those inmates found to
have symptoms consistent with liver ailments, the Associated Press
Newswires reports.

The lawsuit, filed recently in US District Court, also alleges the
state and its prison medical contractors failed to promptly inform
inmates who tested positive and provide follow-up counseling.

The lawsuit was brought on behalf of Walter Bennett, an inmate released
in August after serving 10 years for armed robbery.  The lawsuit names
the Department of Corrections and medical contractors Spectrum
Healthcare Services Inc., Correctional Medical Services and officials
from the Department and two companies.

It was confirmed by February 2002 that Mr. Bennett was infected with
hepatitis C, after having been tested for hepatitis C in June 2000,
because a routine blood test revealed he had elevated liver enzymes, an
indicator of liver ailments.   However, he was not informed of the test
results or given any follow-up until just before his release in August
2002, said Laura Feldman, one of Mr. Bennett's lawyers.  "They did not
impress upon him the gravity of the situation," Ms. Feldman said.

The lawsuit seeks class-action status.  Ms. Feldman was unable to
estimate the number of New Jersey inmates a class action would affect.  
"But it is not a small problem by any means," she said.

Ms. Feldman said a similar problem with hepatitis C occurred among the
Pennsylvania prison population - prison officials there estimated 25
percent of the inmate population was affected.  Chris Cardin, spokesman
for the Department of Corrections, said about the extent of the
hepatitis problem, that "We are assessing that and addressing the
situation."

People unaware they have hepatitis C can spread it through drug
paraphernalia, sex and possibly blood on shared toothbrushes.  About a
third of hepatitis C patients clear the disease on their own.  Of the
rest, one in every five will develop liver disease.  By the time a
patient shows serious symptoms, it is usually too late for treatment.


SEARS, ROEBUCK & CO.: Securities Suit Alleges Firm Misled Investors
-------------------------------------------------------------------
A New York City law firm filed a securities class action against Sears,
Roebuck & Co. and its executives, accusing the department store
operator of making false, misleading statements last year about its
financial outlook, Reuters English News Service reports.  The law firm
is seeking class-action status for the lawsuit.

The law firm, Milberg Weiss Bershad Hynes & Lerach LLP, alleges that
the Company and its executives made "materially false and misleading
statements" to the market between January 17 and October 17, last year.

The Company issued statements saying its earnings would grow 22 percent
in 2002 from the prior year.  The statement, which also said the
Company had adequate provisions for non-collectable accounts, did not
disclose that the Company's risk for non-collectable accounts had
increased during the period in question, the law firm said in a
statement.  The law firm also said that Sears inflated its earnings and
balance sheet by neglecting to earmark enough reserves for non-
collectable accounts.

Milberg Weiss said that on October 17, 2001, Sears said it would
increase 2002 earnings by 15 percent instead of the 22 percent it
maintained, and that its third-quarter earnings would decline.  The
announcement led to a 32 percent drop in Sears' stock price, the law
firm said.

The complaint by Milberg Weiss is the first class action brought
against the Company.


SOUTH CAROLINA: Suit Filed Over Painkiller Linked To Meningitis Cases
---------------------------------------------------------------------
A class action has been filed against the South Carolina Urgent Care
Pharmacy in Spartanburg, South Carolina over the death from meningitis
linked to the painkiller methylprednisolone, as well as over the two
other patients afflicted with illness.  Patients want a fund
established by the defendant to pay for medical treatment, Associated
Press Newswires reports.

A fourth case of fungal meningitis has been linked to the painkiller.  
The latest patient was hospitalized and is receiving anti-fungal
therapy, North Carolina's Department of Health and Human Services said
in a news release.

Pharmacy owner Ray Burns said tests of returned vials of the drug
showed no contamination.  The company has been in business since 1988,
and provides pain management and sexual dysfunction compounds to
doctors who call in orders.


SYMBOL TECHNOLOGIES: Reveals Investigation, Plan to Restate Earnings
--------------------------------------------------------------------
Symbol Technologies Inc. said that it may restate two and a half years
of revenue and earnings and acknowledged that the United States
Department of Justice has launched a "related investigation,"
according to a report by Newsday.

The Company is the subject of numerous shareholder lawsuits, including
an amended class action recently filed in New York, alleging that it
engaged in improper revenue recognition involving transactions with its
largest partners, including Kmart, Sears and Barnes & Noble.  Symbol
has said it would defend itself against accounting-related lawsuits.  

The Holtsville bar-code scanner company said in a statement that it has
been told it is "not currently" a target of a probe.  The Company has
been the subject of a US Securities and Exchange Commission into its
revenue recognition practices since earlier this year.  

The possibility of a financial restatement, first broached in the
Company's second-quarter financial report with the SEC this summer, is
the result of a preliminary internal inquiry at the Company, being
conducted by an outside law firm and an accounting firm.

The Company's finances had been the subject of a preliminary inquiry by
the SEC since the spring of 2001, involving two transactions amounting
to less than $5 million, it said.  In February, a series of stories in
Newsday outlined charges of accounting irregularities at the Company,
though officials denied these reports.

In April, the Company acknowledged the SEC inquiry had been advanced to
a full-scale investigation.  The Company in the quarter took a $2.5
million charge related to the hiring of William Nuti, its new president
and chief operating officer.


TACO BELL: To Appeal OR Jury's Verdict for Plaintiffs in Overtime Suit
----------------------------------------------------------------------
Taco Bell Corporation intends to appeal an Oregon jury's verdict
stating that it failed to pay for certain meal breaks and/or off-the-
clock work for 86 of 93 claimants in a class action filed on behalf of
approximately 17,000 its current and former hourly employees in the
whole state.

The suit, commenced in August 1997 in the Circuit Court of the State of
Oregon of the County of Multnomah, alleges violations of state wage and
hour laws, principally involving unpaid wages including overtime, and
rest and meal period violations, and seeks an unspecified amount in
damages.   

Under Oregon class action procedures, the Company was allowed an
opportunity to "cure" the unpaid wage and hour allegations by opening a
claims process to all putative class members prior to certification of
the class.  In this cure process, the Company has paid out less than
US$1 million.  

On January 26, 1999, the court certified a class of all current and
former shift managers and crewmembers who claim one or more of the
alleged violations.  A trial date of November 2, 1999 was set.  
However, on November 1, 1999, the court issued a proposed order
postponing the trial and establishing a pre-trial claims process.  The
final order regarding the claims process was entered on January 14,
2000.  

The Company moved for certification of an immediate appeal of the
court-ordered claims process and requested a stay of the proceedings.  
The court denied this motion, and the Company appealed this decision to
the Supreme Court of Oregon.  However, the Supreme Court denied the
Company's Writ of Mandamus.  A court-approved notice and claim form was
mailed to approximately 14,500 class members on.

The court ordered pre-trial claims process went forward, and hearings
to determine potential damages were held for claimants employed or
previously employed in four selected Taco Bell units.  After the
initial hearings relating to these four units, the damage claims
hearings were discontinued.  Trial began on January 4, 2001.  On March
9, 2001, the jury reached verdicts on the substantive issues in this
matter.  

A number of these verdicts were in favor of the Company, however,
certain issues were decided in favor of the plaintiffs.  In April 2002,
a jury trial to determine the damages of 93 of those claimants found
that the Company failed to pay for certain meal breaks and/or off-the-
clock work for 86 claimants.  However, the total amount of hours
awarded by the jury was substantially less than that sought by the
claimants.  

In July and September 2002, the court ruled on several post-trial
motions, including fixing the total number of potential claimants at
1,031 (including the 93 claimants for which damages have already been
determined) and holding that claimants who prevail are entitled to
prejudgment interest and penalty wages.  The court has indicated that
it will likely schedule a damages trial for the remaining 938 claimants
sometime in 2003.  


TEXAS: Orange County Sued Over $15 County Court-At-Law Filing Fees
------------------------------------------------------------------
Orange County, Texas faces a class action filed against 64 counties
statewide, relating to the implementation of US$15 county court-at-law
filing fees.  The suit also challenge a 1991 state law allowing
counties to supplement the salaries of county court-at-law's judges by
charging the said fee, the Orange Leader reports.

Residents convicted in misdemeanor trials that the courts oversee pays
the fine, which is used to supplement the salaries of the judges,
according to state law.  Part of Orange County Court at Law Judge
Michael Shuff's salary is paid by collection of the fees, Orange County
Judge Carl Thibodeaux told commissioners during Monday's meeting.  "The
papers were served last week," Thibodeaux said.

Commissioners approved the recommendation of the Texas Association of
Counties to hire the law firm of Allison, Bass and Associates to defend
the 64 counties named in the suit.  The association has put up $25,000
as a retainer, Judge Thibodeaux said.

Of the 254 counties in Texas, 77 have statutory or county courts at law
mandated by state law. The suit names the 64 counties which have
decided to charge the $15 fee.  The suits seek to have the fees
declared unconstitutional and requires the counties to pay the money
back to the residents who paid, which legal documents filed with the
county estimates at 5,000 people, the Orange Leader states.  It also
requests the counties pay any "reasonable attorneys fees," she incurred
in filing the suit.

The suit also names state comptroller Carole Keeton Rylander, who
administers the funds as a defendent, as well as Liberty, Harris,
Nacogdoches, Polk and Galveston counties.


UNDERWRITER LITIGATION: Small Investors Blame Underwriters For Losses
---------------------------------------------------------------------
A growing number of small investors "burned" in the stock market are
deciding to fight back, not against the companies whose shares they
hold, but against the brokerage houses that handled their accounts,
according to a report by The Tampa Tribune.

Recently, in Tampa, a pair of Merrill Lynch clients said they would
file claims against the New York brokerage house for offering upbeat
reports on stocks that Merrill Lynch's analysts knew were in trouble.

Their attorney, James Newcomer, said the two were among hundreds of
Merrill Lynch clients who have contacted his office after losing
millions of dollars.  Mr. Newcomer is pinning the cases on the
settlement of an investigation brought by New York Attorney General
Eliot Spitzer against Merrill Lynch.

In May, Merrill Lynch agreed to a $100 million fine after the Attorney
General accused the brokerage of misleading investors about certain
companies' performance to protect lucrative investment banking business
with those companies.

Mark Herr, a Merrill Lynch spokesman in New York, said the company made
no admissions of liability or guilt in the settlement in May.  "We have
maintained throughout that we have strong defenses that we will
vigorously assert in any litigation that grows out of this," Mr. Herr
said.  Attorney James Richard Hooper, who has an office in Tampa, said
he has more than 2,000 clients targeting Merrill Lynch, Credit Suisse
First Boston, Salomon Smith Barney and other major brokerages.

Nationally, class actions have been filed against Merrill Lynch and
its Internet analyst, Henry Blodget.  Recently, another class action
was filed in New York on behalf of Exodus Communications shareholders,
accusing the Company and Mr. Blodget of violating federal securities
law by issuing analyst reports on Exodus "without any reasonable
factual basis."

Tampa attorney James Hooper said, "There were a lot of retail investors
that were buying junk paper from the major Wall Street investment
houses, and they have been left holding the bag," Mr. Hooper said.  "In
Florida, it is a particularly horrible situation.  Many of those retail
investors were retired."

The New York attorney general's office alleged that Merrill Lynch's
ratings for Internet stocks were misleading and that there was "a
serious breakdown of the separation between the Merrill Lynch banking
and research departments."  An affidavit in that case contrasted
internal company e-mails regarding certain stocks with Merrill Lynch's
official rating of the stock.  Examples are:

     (1) Regarding Excite@home stock - analyst comment:  "Such a piece
         of crap." (June 3, 2000); published Rating:  Intermediate
         accumulate; long term buy

     (2) Regarding InfoSpace stock - analyst comment:  "This stock is a
         powder keg, given how aggressive we were on it earlier this
         year and given the "bad smell" comments that so many
         institutions are bringing up."  (July 13, 2000); Published
         Rating:  Intermediate buy; long-term buy


UNITED KINGDOM: Residents To File Suit For Losses After Lorry Crash
-------------------------------------------------------------------
Residents who say they suffered losses worth thousands of pounds after
a lorry (a kind of motor truck) laden with chemicals crashed into their
homes recently, are planning to sue for compensation, according to the
Western Morning News.  Barnstaple-based Samuels Solicitors, have been
approached about the possibility of taking a class action against the
owners of the lorry.

People living in Slade Valley, Ilfracombe, were evacuated from their
homes, after a driverless lorry crashed into a block of flats,
triggering a large chemical scare.  As a result of the crash,
electricity to hundreds of homes was cut off as a safety measure, as
emergency services tried to prevent the lorry from exploding.

Residents are claiming that food in their freezers was spoiled when the
electricity was cut off, costing them money through no fault of their
own.  Personal property, such as carpets and belongings, were damaged
as well.

Ilfracombe's Mayor, Coun Keith Thompson, has undertaken the fight for
compensation, and he confirmed that the residents are seeking legal
advice.  "We had a meeting with the residents and it was unanimously
agreed that they should seek legal action over money which is owed to
them," Mayor Thompson said.  "The company involved is clearly
responsible for the crash, which has caused a great deal of distress to
the people of Slade."

The lorry belonged to a chemical distribution company, Ellis & Everard,
based in Exeter, which has fired the driver over the crash and has
launched a full investigation into what happened.  

Mark Hughes, services director for the company has said that the
Company will not shirk its responsibilities, but that it is unable to
speculate as to the exact cause of the collision with the residential
flats until a full investigation has been carried out into the
accident.

Mr. Hughes said that the company will continue to assist the emergency
services and other relevant authorities with regard to any inquiries
they make, and he noted that the company also looking into the cause of
the crash.

Alan Scobie, loss adjuster for Ellis and Everard's insurers, Bristol-
based Cunningham Lindsey UK, said he was awaiting instructions from the
insurers over whether the lorry company would pay out anything to the
Slade Valley residents.

Eddie Mills, a Slade Valley resident, and coordinator of the
compensation claims, said he was not convinced that the insurers would
pay out.  "They seem to be passing the buck to one another," said Mr.
Mills.  "We have decided to stick together on this and tackle them all
at once . We deserve to get compensation, especially as no one asked
for a lorry to come into their homes."  He said several people had lost
a lot of money.


UNITED STATES: Residents To Sue U.S. Commander Over Noise From Air Base
-----------------------------------------------------------------------
A group of residents near the US Marine Corps' Futemma Air Station in
Ginowan, Okinawa Prefecture, is planning to file a class action against
the commander of the base as well as the Japanese government over
"intolerable" noise from the base, members of the group
said recently, according to the Kyodo News (Japan).

The residents said in a news conference that they are expecting the
number of plaintiffs in the class action to number around 200,
including some 20 minors.  The group says the commander has authority
over the base's flights and as such should be subject to a demand for
damages.  

The reason for choosing the commander as defendant lies in the Japanese
courts' rejection of similar suits previously filed against the United
States government.  The courts said that suits against foreign
governments are beyond the jurisdiction of the Japanese courts.  
Therefore the latest suit aims to pursue US accountability by bringing
the US commander into the Japanese court.

The lawsuit will seek damages caused by the noise, but will demand
first that the measuring points for determining the noise pollution be
increased in order to get an accurate measurement of the noise
pollution endured.

In its proposed suit, the group will seek suspension of helicopter
flights and drills near residential areas due to noise levels that
exceed the permitted maximum.  The lawsuit will also seek to suspend
take-offs and landings of aircraft in the early morning and in the
evening as well.

Weighted Equivalent Continuous Perceived Noise Level (WECPNL) is an
international environmental index for gauging noise from airplanes.  
Previous court rulings have recognized those who live in areas with a
WECPNL of more than 75 as qualifying for state compensation.  These
rulings no doubt will be a factor in determinations made in the
residents' lawsuit.  Residents have said that the noise from the base
affects people both physically and mentally, and that the situation is
no longer tolerable.

Under a 1996 agreement, the heliport functions of the Futemma base will
be relocated to the city of Nago in the northern part of the
prefecture, and the United States will then return the land to local
residents sometime in 2003.


WILLIAMS COMPANIES: Lawsuit Alleges Firm Inflated Energy Trading Book
---------------------------------------------------------------------
A shareholder lawsuit filed against Williams Companies alleges
executives inflated profits, revenue and assets in the Company's
marketing and trading unit by billions of dollars through questionable
accounting tactics, Dow Jones Business News reports.

The Seymour Law Firm recently filed the lawsuit in the United District
Court in Tulsa, Oklahoma.  Named plaintiffs include HGK Asset
Management and Teamsters Local 854 and Local 710 pension funds.  
However, the complaint was brought as a class action on behalf of all
who bought the Company's securities from July 24, 2000, to July 22,
2002.

Attorneys, as of last Thursday, had not yet filed a motion seeking the
court's determination that the lawsuit is a proper class action, said
Samuel Sporn, plaintiffs' co-counsel in New York.  Plaintiffs are
seeking unspecified compensatory and punitive damages, costs and
expenses.  Mr. Sporn, however, declined to quantify the shareholders'
losses, characterizing them generally as "very substantial."

The complaint alleges that the Company used questionable mark-to-market
accounting in estimating profits from long-term contracts as part of a
larger plan to inflate the company's stock price from mid-2000 through
mid-2002.  Plaintiffs' allegations are based in part on attorneys
interviews with former Company employees, said the complaint.

The lawsuit also names as defendants the Company's longtime auditor,
Ernst & Young, for signing off on financial, and various underwriters
for misleading investors by omitting material terms.  Underwriters
named include:
   
     (1) Merrill Lynch & Co.,

     (2) Citigroup Inc.'s Salomon Smith Barney,

     (3) Lehman Brothers,

     (4) Credit Suisse First Boston,

     (5) Banc of Americas Securities,

     (6) CIBC World Markets,

     (7) Goldman, Sachs & Co., and

     (8) UBS Warburg LLC.

                     New Securities Fraud Cases

ATLAS AIR: Wolf Popper Commences Securities Fraud Suit in S.D. New York
-----------------------------------------------------------------------
Wolf Popper LLP initiated a securities class action against Atlas Air
Worldwide Holdings, Inc. (NYSE:CGO), five senior officers of Atlas, and
Morgan Stanley Dean Witter, on behalf of purchasers of Atlas common
stock from April 18, 2000 through October 15, 2002, inclusive,
including shares purchased pursuant or traceable to May 2000 and
September 2000 Prospectuses for public offerings of Company shares, in
the US District Court for the Southern District of New York.

Plaintiff alleges in the class action that during the class period,
defendants reported materially false and misleading earnings.  At the
same time, Atlas sold 3 million shares of Atlas common stock for $31.75
per share in the May 2000 offering, and controlling shareholders sold
1.5 million shares of Atlas common stock at $43.50 per share in the
September 2000 offering.

The true facts began to be disclosed on October 16, 2002 when Atlas
announced that it would be required to restate its financial results
for fiscal years 2000 and 2001, in the areas of obsolescence,
maintenance expense, and allowance for bad debt.  Preliminary
indications were that the cumulative impact of the restatement of
fiscal 2000 and 2001 will reduce after-tax income for fiscal 2000 and
2001 by roughly $60 million to $65 million.

Shares of Atlas common stock, which had traded at a high of $45.69 per
share during the Class Period, fell to as low as $1.70 after
announcement of the restatement.

For more details, contact Robert C. Finkel by Mail: 845 Third Avenue,
New York, NY 10022-6689 by Phone: 212-451-9620 or 877-370-7703 by Fax:
212-486-2093 or 877-370-7704 by E-mail: irrep@wolfpopper.com or visit
the firm's Website: http://www.wolfpopper.com  


DPL INC.: Cauley Geller Commences Securities Fraud Suit in S.D. OH
------------------------------------------------------------------
Cauley Geller Bowman & Coates, LLP initiated a securities class action
in the United States District Court for the Southern District of Ohio,
Western Division, on behalf of purchasers of DPL, Inc. (NYSE: DPL)
publicly traded securities during the period between March 30, 1999 and
August 14, 2002, inclusive.

The complaint charges the Company and certain of its officers and
directors with issuing false and misleading statements concerning its
business and financial condition.  Specifically, the complaint alleges
that, during the class period, defendants falsely represented that the
Company's portfolio of financial assets, comprising approximately 25%
of DPL's total assets, were "highly diversified both in terms of
geography and industry" and were a hedge against the Company's energy
business. Defendants failed to disclose that the Company's investment
portfolio was highly concentrated in Argentinean debt securities and
other securities that were highly risky.

The facts began to be revealed after the close of regular trading on
July 1, 2002, when DPL issued a press release announcing that it was
revising downward its estimate of earnings for the full year 2002,
largely as a result of a $110 million, or $0.92 per share, write-down
of its financial assets. The write-down related primarily to
investments in Latin America.

The Company's results for the second quarter of 2002 were subsequently
reported on July 29, 2002 precipitating a review of DPL's debt for
possible downgrading.  On August 14, 2002, DPL revealed further
information concerning DPL's investment portfolio and a contingent
obligation to fund up to another $430 million of investments.

The plaintiff alleges that defendants engaged in this scheme to enrich
themselves.  For example, in 2000 defendant Forster received $1.2
million for managing the company's financial assets and $2.1 million
when the price of DPL common stock reached $26 per share.

During the class period, shares of DPL common stock closed at as high
as $33.68 per share.  When the truth about the losses in DPL's
portfolio of financial assets was revealed after the close of regular
trading on July 1, 2002, the price of DPL common stock fell to $21.57
per share. DPL common stock continued to decline as additional
information was revealed.  DPL common stock closed on October 2, 2002
at $16.60 per share.

For more details, contact Jackie Addison, Heather Gann or Sue Null by
Mail: P.O. Box 25438, Little Rock, AR 72221-5438 by Phone: 888-551-9944
by E-mail: info@cauleygeller.com or visit the firm's Website:
http://www.cauleygeller.com


ELECTRONIC DATA: Spector Roseman Files Securities Fraud Suit in S.D. NY
-----------------------------------------------------------------------
Spector, Roseman & Kodroff, PC initiated a securities 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 in the US District Court for the Southern District of New
York.

The suit 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 Company 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:

     (1) that the Company's program to "manage" its future stock
         issuance under its employee stock option program was
         essentially an unhedged 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;

     (2) 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;

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

     (4) 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

     (5) 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 details, contact Robert M. Roseman by Phone: 888-844-5862 or
visit the firm's Website: http://www.srk-law.com  


FIRST HORIZON: Lockridge Grindal Commences Securities Suit in N.D. GA
---------------------------------------------------------------------
Lockridge Grindal Nauen PLLP initiated a securities class action in the
United States District Court for the Northern District of Georgia on
behalf of purchasers of First Horizon Pharmaceutical Corporation
(Nasdaq:FHRX) publicly traded securities during the period between
April 24, 2002 and July 2, 2002, inclusive.

The complaint charges that defendants violated Sections 10(b) and 20(a)
of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated
thereunder, and Sections 11 and 15 of the Securities Act of 1933, by
issuing a series of materially false and misleading statements to the
market.

On April 24, 2002, the Company completed a public offering of
securities, selling 6.5 million shares of common stock at an offering
price of $21.75 per share, pursuant to a Prospectus declared effective
by the SEC on April 18, 2002.  The Company failed to disclose material
information in the Prospectus relating to two products, Tanafed
Suspension (a pediatric and allergy product) and Prenate GT (a
prescription prenatal vitamin).  The Company touted the market for
these products in its Prospectus.

However, the market for these products was severely declining and
defendants had flooded wholesalers with Prenate GT inventory in the
first quarter of 2002 in order to report strong sales prior to the
secondary offering.  

Belatedly, defendants disclosed that due to price erosion arising from
generic competition, the Company's products had not been widely
accepted by the market.  In addition, sales growth from the Company's
newly acquired "Sular" drug line had failed to yield strong results,
and a promised redevelopment of the Company's sales force similarly
failed to boost its bottom line.

As a result of the Company's misrepresentations, Company investors have
sustained enormous losses, and stand to lose much more as the Company's
financial condition continues to decline.  On July 2, 2002, the Company
shocked the market by revealing that for the second quarter of 2002,
the Company expected to report revenues of between $25 and $26 million,
and earnings per share between $0.00 and $0.02, excluding a $2.2
million debt write-off.

For the full year, the Company revised its guidance to $0.34 a share, a
far cry from its earlier guidance of $0.56 to $0.57 a share. A July 2,
2002 press release attributed the massive shortfall mainly to "greater
than expected erosion of sales in the second quarter" of Tanafed and
Prenate GT, as well as "distraction" arising out of a sales force
"realignment."

In response to the Company's devastating news concerning the lack of
acceptance of two of the Company's key products, Company stock price
plummeted by 81%, or by $14.74 to $3.51, on volumes of 16.4 million
shares (about 30 times the daily average).

For more details, contact Karen M. Hanson by Mail: 100 Washington
Avenue South, Suite 2200, Minneapolis, MN 55401 by Phone: 612-339-6900
by E-mail: kmhanson@locklaw.com


KINDRED HEALTHCARE: Charles Piven Commences Securities Suit in W.D. KY
----------------------------------------------------------------------
The Law Offices Of Charles J. Piven, PA initiated a securities class
action on behalf of shareholders who acquired Kindred Healthcare, Inc.
(Nasdaq:KIND) securities between August 14, 2001 and October 10, 2002,
inclusive, pending in the United States District Court for the Western
District of Kentucky, against the Company 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.

For more details, contact Charles J. Piven, PA by Mail: The World Trade
Center-Baltimore, 401 East Pratt Street, Suite 2525, Baltimore,
Maryland 21202 by Phone: 410-986-0036 or by E-mail:
hoffman@pivenlaw.com


LIBERATE TECHNOLOGIES: Brodsky & Smith Files Securities Suit in N.D. CA
-----------------------------------------------------------------------
The Law offices of Brodsky & Smith, LLC initiated a securities class
action on behalf of shareholders who acquired Liberate Technologies
(Nasdaq:LBRT) securities between September 20, 2001 and October 15,
2002, inclusive, in the United States District Court for the Northern
District of California, against the Company and some of its officers
and directors.

The action charges that defendants violated the 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.

For more details, contact Jason L. Brodsky or Evan J. Smith by Mail:
Two Bala Plaza, Suite 602, Bala Cynwyd, PA 19004, by Phone:
877-LEGAL-90 or by E-mail: esmith@Brodsky-Smith.com


QUINTILES TRANSNATIONAL: Beatie and Osborn Begins Securities Suit in NC
-----------------------------------------------------------------------
The Law Firm of Beatie and Osborn LLP initiated a securities class
action in Durham County, North Carolina on behalf of shareholders and
optionholders of Quintiles Transnational Corp. (Nasdaq NM: QTRN)
seeking to enjoin the proposed transaction by Pharma Services Company
to take the Company private for $11.25 per share.

The lawsuit names as defendants Dennis B. Gillings and the members of
the Company's Board of Directors as well as the Company itself. The
suit alleges breaches of fiduciary duty and failure of the Company's
Directors to act in good faith with regard to the proposed going
private transaction.

For more details, contact Eduard Korsinsky or Benjamin D. Coleman by
Mail: 521 Fifth Avenue, 34th Floor New York, New York 10175 by Phone:
800-891-6305 by Fax: (212) 888-9664 by E-mail:
clientrelations@bandolaw.com or visit the firm's Website:  
http://www.bandolaw.com


SCHERING-PLOUGH: Brodsky & Smith Launches Securities Suit in New Jersey
-----------------------------------------------------------------------
The Law Offices of Brodsky & Smith, LLC initiated a securities class
action on behalf of shareholders who acquired Shering Plough Corp.
(NYSE:SGP) securities between October 1, 2002 and October 3, 2002,
inclusive, in the United States District Court for the District of New
Jersey, against the Company and some of its officers and directors.

The action charges that defendants violated the 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.

For more details, contact Jason L. Brodsky or Evan J. Smith by Mail:
Two Bala Plaza, Suite 602, Bala Cynwyd, PA 19004, by Phone:
877-LEGAL-90 or by E-mail: esmith@Brodsky-Smith.com


SEARS ROEBUCK: Milberg Weiss Commences Securities Fraud Suit in N.D. IL
-----------------------------------------------------------------------
Milberg Weiss Bershad Hynes & Lerach LLP initiated a securities class
action on behalf of purchasers of the securities of Sears, Roebuck &
Co. (NYSE:S) between January 17, 2002 to October 17, 2002, inclusive,  
in the United States District Court for the Northern District of
Illinois, Eastern Division, against the Company and:

     (1) Alan Lacy (CEO, President and Chairman),

     (2) Glenn Richter (CFO from October 4, 2002, Senior V.P., Finance
         since inception of class period),

     (3) Paul J. Liska (CFO until October 4, 2002) and

     (4) Thomas E. Bergmann (Chief Accounting Officer)

The complaint charges 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 materially false and misleading
statements to the market between January 17, 2002 to October 17, 2002.

According to the complaint, defendants, throughout the class period,
represented that Sears was growing its earnings strongly, driven by its
Credit and Financial Products segment and that it would achieve
earnings growth of 22% in 2002 over 2001.

In addition, in each of its press releases and SEC reports filed during
the class period, Sears reported its provisions for non-collectible
accounts and in, its 2001 annual report represented that such reserves
were "adequate."

These, and other statements detailed in the complaint, were allegedly
false and misleading because, according to the complaint, they did not
disclose that the Company's risk for non-collectible accounts had
increased materially throughout the class period and, in addition, that
the Company was under-reserving for its non-collectible accounts which
inflated its earnings and balance sheet.

On October 17, 2002, the Company reported in a press release that it
will grow its 2002 earnings by 15%, rather than the 22% it reaffirmed
as recently as ten days previously, because of a "$222 million increase
in the domestic provision for non-collectible accounts."

In addition, according to the press release, earnings for the third
quarter were 26% less than the previous year.  In reaction to the press
release, the price of the Company's common stock plummeted, falling
32%, from an October 16 close of $33.95 per share to close at $23.15
per share on October 17, on extremely heavy trading volume.

For more details, contact Steven G. Schulman or Samuel H. Rudman by
Mail: One Pennsylvania Plaza, 49th fl., New York, NY, 10119-0165 by
Phone: 800/320-5081 by E-mail: sears@milbergNY.com or visit the firm's
Website: http://www.milberg.com


TXU CORPORATION: Bernstein Liebhard Launches Securities Suit in N.D. TX
-----------------------------------------------------------------------
Bernstein Liebhard & Lifshitz, LLP initiated a securities class action
in the United States District Court for the Northern District of Texas
on behalf of all persons who purchased or acquired TXU Corporation
(NYSE:TXU) publicly traded securities between April 25, 2002 and
October 11, 2002, inclusive.

The complaint charges the Company and certain of its officers and
directors with violations of the federal securities laws arising out of
defendants' issuance of false and misleading statements about the
Company's business, operating performance and prospects.

The complaint alleges that during the class period, defendants
represented that the Company could succeed in the competition created
by deregulation.  Defendants then represented that the Company6;'s
European operations were improving, it would succeed competition in the
U.K. market and it was on track to report EPS of $4.35+ and $4.60+ in
2002 and 2003, respectively.  As a result of these allegedly false
statements, Company stock traded at artificially inflated levels, as
high as $56 per share.

Due to this inflation, defendants were able to complete a secondary
offering of 11.8 million shares of common stock, priced at $51.15 per
share and 8.8 million units of FELINE PRIDES (equity linked debt
securities), raising nearly a billion dollars in much needed financing.
Subsequent to the offering, defendants needed to maintain a high stock
price to avoid triggering additional debt and the conversion of
preferred stock into common stock pursuant to a partnership agreement.

On October 4, 2002, the Company issued an earnings warning, indicating
that due to customer attrition and ongoing problems in Europe the
Company would report 2002 EPS of only $3.25.  On this news, the
Company's stock price declined to $27 per share, from more than $40 per
share the prior week.  However, the stock remained inflated as
defendants concealed the extreme liquidity problems from which the
Company was suffering.  Defendants even assured the market that the
Company was strong financially and that the dividend was "sound and
secure."

Then, on October 14, 2002, before the market opened, the Company
stunned the market with news that it was cutting its dividend 80%, to
$0.125 per share and would no longer support its European operations.  
The Company's stock price immediately collapsed on this news to as low
as $10.10 per share before closing at $12.94, a one day drop of 31%, on
volume of 39 million shares.

For more details, contact Linda Flood by Mail: 10 East 40th Street, New
York, New York 10016 by Phone: 800-217-1522 or 212-779-1414 by E-mail:
TXU@bernlieb.com or visit the firm's Website: http://www.bernlieb.com.


TXU CORPORATION: Nixon Patterson Commences Securities Suit in E.D. TX
---------------------------------------------------------------------
Nixon, Patterson & Roach LLP initiated a securities class action in the
United States District Court for the Eastern District of Texas, Lufkin
Division on behalf of purchasers of TXU Corp. (NYSE:TXU) publicly
traded securities during the period between April 25, 2002 and October
11, 2002.

The complaint charges the Company and certain of its officers and
directors with violations of the Securities Exchange Act of 1934.  The
Company provides electric and natural gas services, merchant energy
trading, energy marketing, telecommunications and energy-related
services.

The complaint alleges that during the class period, defendants
represented that the Company could succeed in the competition created
by deregulation.  Defendants then represented that the Company's
European operations were improving, it would succeed competition in the
U.K. market and it was on track to report EPS of $4.35+ and $4.60+ in
2002 and 2003, respectively.

As a result of these allegedly false statements, TXU's stock traded at
artificially inflated levels, as high as $56 per share.  Due to this
inflation, defendants were able to complete a secondary offering of
11.8 million shares of common stock, priced at $51.15 per share and 8.8
million units of FELINE PRIDES (equity linked debt securities), raising
nearly a billion dollars in much needed financing.

Subsequent to the offering, defendants needed to maintain a high stock
price to avoid triggering additional debt and the conversion of
preferred stock into common stock pursuant to a partnership agreement.

On October 4,2002, TXU issued an earnings warning, indicating that due
to customer attrition and ongoing problems in Europe the Company would
report 2002 EPS of only $3.25.  On this news, the Company's stock price
declined to $27 per share, from more than $40 per share the prior week.  
However, the stock remained inflated as defendants concealed the
extreme liquidity problems from which the Company was suffering.  
Defendants even assured the market that the Company was strong
financially and that the dividend was "sound and secure."

Then, on October 14,2002, before the market opened, TXU stunned the
market with news that it was cutting its dividend 80%, to $0.125 per
share and would no longer support its European operations.  The
Company's stock price immediately collapsed on this news to as low as
$10.10 per share before closing at $12.94, a one day drop of 31%, on
volume of 39 million shares.

For more details, contact Brad Beckworth by Mail: 205 Linda Drive
Daingerfield, Texas by Phone: 75638 903-645-7333 (ext. 221) by Fax:
903-645-4415 or by E-mail: bbeckworth@nixlawfirm.com


TXU CORPORATION: Spector Roseman Commences Securities Suit in N.D. TX
---------------------------------------------------------------------
Spector, Roseman & Kodroff, PC initiated a securities class action in
the United States District Court for the Northern District of Texas,
Dallas Division, against defendants TXU Corporation (NYSE:TXU), and
certain of its officers and directors, on behalf of purchasers of the
stock of TXU during the period from January 31, 2002 through October
11, 2002, inclusive.

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.  Specifically, the lawsuit claims that the defendants
artificially inflated the Company's stock price by misrepresenting the
condition of the Company's European operations throughout the class
period.

The complaint alleges that the Company lacked a reasonable basis for
its earning projections for fiscal 2002 and 2003.  Specifically, the
defendants failed to disclose to investors that:

     (1) TXU's operations in Europe and, specifically, those in the
         United Kingdom were plagued with deficient, inadequate, and
         faulty internal and financial controls;

     (2) TXU's risk management in Europe was virtually non-existent,
         and there was no means of addressing the risk to TXU from the
         UK's unregulated electricity market;

     (3) at least one credit facility worth approximately $500 million
         contained "cross-default" provisions between TXU Europe and
         TXU;

     (4) TXU's UK operations used wholesale electricity "structured
         transactions" to meet earnings goals in violation of Generally
         Accepted Accounting Principles by shifting earnings and
         profits from one quarterly period to another;

     (5) the Company's UK operations had entered into and carried long-
         term electricity purchase contracts that were "out of the
         money" by some $700 million; and

     (6) European operations were impaired and overvalued by billions
         of dollars

On October 4, 2002, the Company announced that it was revising its
earnings expectations for fiscal 2002 and 2003.  Company stock
plummeted as a result of this disclosure and subsequent negative
disclosure in an October 7, 2002 analyst meeting, falling from a close
of $32.90 per share on October 3, 2002 to $13.85 on October 8, 2002.

For more details, contact Robert Roseman by Phone: 888-844-5862 or
visit the firm's Website: http://www.srk-law.com



TXU CORPORATION: Emerson Firm Lodges Securities Fraud Suit in N.D. TX
---------------------------------------------------------------------
The Emerson Firm initiated a securities class action in the United
States District Court for the Northern District of Texas on behalf of
all persons or entities who purchased or otherwise acquired securities
of TXU Corporation (NYSE:TXU) on or before October 14, 2002 of this
year.  The Company, Erle Nye and Michael McNally are named as
defendants in the complaint.

The complaint alleges that defendants violated Section 10(b) of the
Securities Exchange Act of 1934 by issuing a series of materially false
and misleading statements and omitting to disclose material adverse
information about the Company's operations and prospects during the
class period.  Specifically, the complaint alleges that defendants
issued several statements that the dividend was stable and they saw
nothing that would reduce amount of the dividend.

On October 11, 2002, Mr. Nye stated, "I believe the dividend is secure
... I don't know anything today that would make me think otherwise."  
Three days later, the Company announced that it would reduce its
dividend by 80 percent.

For more details, contact Tanya Autry by Phone: 800-663-9817 by Fax:
(281) 488-8867 or by E-mail: tanya.autry@worldnet.att.net


TXU CORPORATION: Wolf Haldenstein Commences Securities Suit in N.D. TX
----------------------------------------------------------------------
Wolf Haldenstein Adler Freeman & Herz LLP initiated a securities class
action in the United States District Court for the Northern District of
Texas, on behalf of purchasers of the securities of TXU Corp. (NYSE:
TXU; Nasdaq: TEGpa) between April 25, 2002 and October 11, 2002,
inclusive against the Company and certain of its officers and
directors.

The complaint alleges that during the class period, defendants issued
to the investing public false and misleading statements and press
releases concerning the Company's and TXU Europe's earnings and credit
quality, and the safety of their dividends.

The complaint further alleges that on October 4, 2002, before the
opening of the market, the Company partially disclosed the true state
of its fiscal affairs.  Despite having maintained its 2002 and 2003
guidance to this point, the Company shockingly disclosed that it
expected materially lower earnings than had been previously predicted.

Specifically, in addition to revising and lowering its guidance for the
third and fourth quarters of 2002, the Company also lowered its
guidance for the year 2002 to a range of $3.20 to $3.25 instead of
$4.35 to $4.45 per share of common stock and further lowered its
guidance for the year 2003 to a range of $3.45 to $3.55 instead of
$4.80 to $4.90 per share.  These revelations caused the Company's
common stock to decline over 55%, and knocking approximately $5 billion
from its stock market value in the subsequent four trading days.

On this news, the Company's stock price declined to $27 per share, from
more than $40 per share the prior week.  However, the stock continued
to be inflated as defendants concealed the extreme liquidity problems
form which the Company was suffering.  Defendants even assured the
market that the Company was strong financially and that the dividend
was "sound and secure."

Then, on October 14, 2002, before the market opened, TXU stunned the
market with news that it was cutting its dividend 80% to $0.125 per
share and was selling all of its European assets.

The Company's stock price immediately collapsed on this news to as low
as $10.10 per share before closing at $12.94, a one day drop of 31%, on
volume of 39 million shares.  Likewise, TXU Europe's stock price (of
TXU Europe Capital I preferred stock) fell from approximately $26 per
share to approximately $2.50 per share after October 4, 2002.

For more details, contact Lawrence Kolker, Kate Dubose, George Peters
or Derek Behnke by Mail: 270 Madison Avenue, New York, New York 10016
by Phone: (800) 575-0735 by E-mail: classmember@whafh.com or visit the
firm's Website: http://www.whafh.com. All e-mail correspondence should  
make reference to TXU.


TXU CORPORATION: Charles Piven Lodges Securities Fraud Suit in N.D. TX
----------------------------------------------------------------------
The Law Offices Of Charles J. Piven, PA initiated a securities class
action on behalf of shareholders who acquired TXU Corp. (NYSE:TXU)
securities between April 25, 2002 and October 11, 2002, inclusive, in
the United States District Court for the Northern District of Texas,
against the Company 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.

For more details, contact Charles J. Piven by Mail: The World Trade
Center-Baltimore, 401 East Pratt Street, Suite 2525, Baltimore,
Maryland 21202 by Phone: 410-986-0036 or by E-mail:
hoffman@pivenlaw.com


TXU CORPORATION: Diamond McCarthy Commences Securities Suit in N.D. TX
----------------------------------------------------------------------
Diamond McCarthy Taylor Finley Bryant & Lee initiated a securities
class action against TXU Corporation (NYSE: TXU) and two of its top
officers, accusing the energy company of defrauding its shareholders.  
The complaint was filed in US District Court for the Northern District
of Texas, Dallas Division, on behalf of all investors who bought the
Company's securities from Jan. 31-Oct. 11, 2002.

The lawsuit alleges that the defendants "pumped up" the company's stock
price by misrepresenting to the investing public the condition of the
Company's European operations throughout the class period.   The
complaint says the Company lacked a reasonable basis for its earning
projections for fiscal 2002 and 2003.  Specifically, the defendants
misled or failed to tell investors that:

     (1) the Company's operations in Europe and, specifically, those in
         the United Kingdom were plagued with deficient, inadequate,
         and faulty internal and financial controls;

     (2) the Company's risk management in Europe was virtually non-
         existent, and there was no means of addressing the risk to TXU
         from the UK's unregulated electricity market;

     (3) At least one credit facility worth approximately $500 million
         contained "cross-default" provisions between TXU Europe and
         TXU;

     (4) TXU's UK operations used wholesale electricity "structured
         transactions" to meet earnings goals in violation of Generally
         Accepted Accounting Principles by shifting earnings and
         profits from one quarterly period to another;

     (5) The company's UK operations had entered into and carried long-
         term electricity purchase contracts that were "out of the
         money" by some $700 million; and
    
     (6) The European operations were impaired and overvalued by
         billions of dollars.

According to the lawsuit, the truth about the Company began to emerge
on Oct. 4, 2002, when the company said it was revising its earnings
expectations for fiscal 2002 and 2003, and in the spate of news
articles and analyst reports that followed.  The Company revealed more
problems in an Oct. 7, 2002, conference call with analysts.

Company stock plummeted following these disclosures, falling from a
close of $32.90 per share on Oct. 3, 2002, to $13.85 on Oct. 8, 2002.

For more details, contact Rhonda Reddick by Phone: 800-559-4534 or
Melody Townsel by Phone: 214-948-2000, or visit the Website:
http://www.bermanesq.com


UNDERWRITERS LITIGATION: Rabin & Peckel Commences Securities Suit in NY
-----------------------------------------------------------------------
Rabin & Peckel LLP initiated a securities class action in the United
States District Court for the Southern District of New York on behalf
of all persons or entities who purchased or otherwise acquired
securities of Covad Communications, Inc. (OTCBB:COVD) between January
27, 1999 through December 18, 2000, both dates inclusive.  The suit
names as defendants:

     (1) Goldman, Sachs & Co.,

     (2) Credit Suisse First Boston Corporation and

     (3) Morgan Stanley Dean Witter & Co.

The complaint charges defendants with violating section 10(b) of the
Securities Exchange Act of 1934 by issuing a series of false and
misleading statements concerning Covad.

The complaint alleges that Goldman Sachs, CSFB, and Morgan Stanley
urged investors to purchase Covad stock when defendants knew or should
have known that such purchases would not have been good investments.  
Specifically, the complaint alleges that defendants:

     (i) issued "Buy" recommendations about Covad without any rational
         economic basis;

    (ii) failed to disclose that they were issuing "Buy"
         recommendations to obtain investment banking business; and

   (iii) concealed significant, material conflicts of interests that
         prevented them from providing independent objective analysis.

For more details, contact Eric J. Belfi or Sharon Lee by Phone:
800-497-8076 or 212-682-1818 by Fax: 212-682-1892 by E-mail:
email@rabinlaw.com or visit the firm's Website: http://www.rabinlaw.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
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Beard Group, Inc., Washington, D.C.  Enid Sterling, Aurora Fatima
Antonio and Lyndsey Resnick, Editors.

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

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