CAR_Public/030113.mbx                C L A S S   A C T I O N   R E P O R T E R

                Monday, January 13, 2003, Vol. 5, No. 8

                            Headlines

ALABAMA: Jackson County To Gain From Civil Rights Suit Consent Decree
AYDIN CORPORATION: Employees Settle Laber Violations Suit For $4.1M
BRIDGESTONE/FIRESTONE INC.: Steeltex Lawsuit Remanded To CA State Court
BRISTOL-MYERS SQUIBB: Withdraws Anti-Depressant From European Market
CATHOLIC CHURCH: Some Clergy Sex Abuse Suits May Be Consolidated In CA

CREDIT CARDS: Visa, Mastercard On Same Side in Retailers Antitrust
IOWA: Ex-Marycrest Students Accuse Teikyo University President Of Fraud
K.G. MARX: Enters Agreement To Settle Five-Year-Old Securities Lawsuit
MCDONALD'S CORPORATION: Vegetarians Question Settlement Distribution
NETWORK ENGINES: Faces Shareholder Lawsuit Over Tidalware Acquisition

NEW MEXICO: Lawyer Plans Suit Over Violation Of Women Inmates' Privacy
NORTH CAROLINA: US Airways Flight 5481 Crashes At Take-off, 21 Killed
PACE PRODUCTS: Recalls 145T Children's Soap Making Kits For Burn Hazard
PHILADELPHIA: City Council Sues To Force Trash Pick-Up At Large Condos
SECURITIES LITIGATION: SEC Launches Probe into Mutual Fund Overcharging

ST. CLOUD: College Appoints New Leader, Plans To Restructure Office
TENET HEALTHCARE: Expects Justice Department To Launch Billing Lawsuit
VIVENDI UNIVERSAL: American Shareholders Commence Securities Suit in NY

                   New Securities Fraud Cases

CABLE & WIRELESS: Cohen Milstein Commences Securities Suits in E.D. VA
CABLE & WIRELESS: Wechsler Harwood Commences Securities Suit in E.D. VA
CYTYC CORPORATION: Marc Henzel Commences Securities Lawsuit in MA Court
DIVERSA CORPORATION: Stull Stull Commences Securities Suit in S.D. NY
MONEY STORE: Mark Kaufman, Curtis Trinko File Securities Lawsuit in NY

MOTOROLA INC.: Weiss & Yourman Lodges Securities Fraud Suit in S.D. NY
MOTOROLA INC.: Charles Piven Commences Securities Fraud Suit in S.D. NY
MOTOROLA INC.: Glancy & Binkow Lodges Securities Fraud Suit in S.D. NY
NASH FINCH: Wechsler Harwood Launches Securities Fraud Suit in MN Court
SEPRACOR INC.: Wolf Popper Commences Securities Fraud Suit in MA Court

SEPRACOR INC.: Bernard Gross Launches Securities Fraud Suit in MA Court

                           *********

ALABAMA: Jackson County To Gain From Civil Rights Suit Consent Decree
---------------------------------------------------------------------
Jackson County in Alabama stands to benefit from a consent decree that
settled a class action filed against the state in 1988, according to
the county's DHR Director Drenda King.  The suit, which came to be
known as the "R.C. case," was filed in the U.S. District Court on
behalf of an 8-year-old Jefferson County boy with the initials R.C.
His civil rights were allegedly violated because the state did not
provide him with family preservation services and specialized care for
his emotional needs, the Daily Sentinel reports.  The suit was filed on
behalf of 1,500 Alabama children.

In May 1991, the case was settled in a consent decree, establishing
standards by which the state's child protective services and foster
care system were required to operate.  The consent decree mandated the
counties in the state of Alabama implement a set of child welfare
reform measures by October 2002.  The consent decree developed the
following principles:

     (1) Children shall live with their families unless their safety
         cannot be protected with the provision of services;

     (2) Individualized services shall be based on an analysis of
         strengths and needs of the child and family;

     (3) Children who are living with their families or in foster care
         shall have access to services that are comprehensive and
         include concrete services.  If necessary, services shall be
         created to meet the needs of children and families;

     (4) Individualized service plans will be realistic, strength based
         and changed as family needs change;

     (5) Children, families, foster families and others involved in the
         family's life shall have a voice in the planning process;

     (6) Services will be coordinated, therapeutic and culturally
         responsive;

     (7) Permanency and stability in children's lives will be promoted;

     (8) Services will be delivered in the most normalized setting
         appropriate to the family's strengths and needs;

     (9) Children will have access to their families through
         visitation, phone and mail, and other communication;

    (10) Children, families and foster families will have access to
         advocacy, including attorneys;

    (11) Children will be free from excessive medication, seclusion and
         restraint, and shall receive appropriate behavior management;

    (12) Older children will receive transition and independent living
         skills;

    (13) Needs of sex abuse victims will be met;

    (14) Child abuse and neglect allegations will be investigated
         quickly.

Ms. King said each county was phased into the program's
implementations.  Jackson County was in stage 2.  "We began the
conversion process in 1995," she said.  "We were declared converted by
the court monitor in January of 1997.  We were one of the first
counties.  I believe that is because Jackson County was already
practicing good child welfare. We needed more money and more employees
to carry out the programs, and the lawsuit gave us that."

Because of this, Ms. King said she looks at the lawsuit as a positive
development for Jackson County.  Ms. King told the Sentinel this state
has been a leader in child welfare reform, and other states are looking
to Alabama to model their own reform programs.  Lawsuits similar to the
RC case have been filed in numerous other states.

Ms. King said the widespread use and manufacture of crystal
methamphetamine has impacted child welfare and made it difficult for
Jackson County DHR to abide by some of the consent decree mandates.
Ms. King said Jackson County DHR now has a record high of holding
custody of 60 children, doubling the average.  "At least half have come
into our custody because of their families being involved with crystal
meth," she said.

Ms. King said Jackson County DHR has been lucky because roughly half of
those 60 children have been placed in the homes of relatives rather
than in foster homes.  "Studies have shown chronic drug use does not
have a high success rate of responding to treatment," Ms. King said.
"It makes the reunification piece of the consent decree hard to
achieve."

Ms. King said the number of children in foster care indicates a serious
problem, however the county is fortunate to have family members who
will take on the role of raising relative's children who enter DHR
custody.


AYDIN CORPORATION: Employees Settle Laber Violations Suit For $4.1M
-------------------------------------------------------------------
Eighty-three employees who alleged in a federal class action that Aydin
Corporation violated labor laws by failing to pay them overtime, have
reached a $4.1 million settlement with the company, The Philadelphia
Inquirer reports.

The case was unusual in that the employees were white-collar
professionals, such as engineers, managers and executives, who were
paid salaries.  They stated in the lawsuit that Aydin, a defense
contractor in Newtown Township, Bucks County, Pennsylvania, treated
them like factory workers by making them fill out time sheets and
docking them for missed hours during the day.

However, when they worked more than 40 hours a week, they were told not
to document the hours on the time sheets and were not paid overtime,
said Scott Wolpert, a Fort Washington lawyer for the plaintiffs.  The
practice persisted for decades and is a violation of the Federal Labor
Standards Act, Mr. Wolpert said.

However, because of the three-year statute of limitations, the
employees can only collect unpaid overtime for three years prior to the
filing of the lawsuit in 1998.  According to Mr. Wolpert, a former
manager in human resources in Aydin was the whistle-blower in the case.

The lawsuit was filed in Philadelphia, and the settlement was approved
by US District Court Judge Anita Brody in December.  Checks ranging
from $1,500 to $194,000 each are being distributed to the employees who
participated in the lawsuit, said Mr. Wolpert.  Of the $4.1 million,
$1.23 million will be paid as attorney fees, he added.


BRIDGESTONE/FIRESTONE INC.: Steeltex Lawsuit Remanded To CA State Court
-----------------------------------------------------------------------
Judge Christina A. Snyder of the United States District Court for the
Central District of California granted the plaintiffs' motion to remand
the national class action against Bridgestone/Firestone, Inc. and
Bridgestone Corporation today to California Superior Court.

Filed on August 13, 2002, the lawsuit alleges that the defects have
resulted in thousands of tire failures in Steeltex R4S, R4S II and A/T
tires, causing injuries and multiple deaths.  Causes of action against
the two defendants in the lawsuit include:

     (1) fraudulent concealment,

     (2) deceptive practices in violation of the consumer legal
         remedies act,

     (3) violation of unfair practices act,

     (4) strict liability,

     (5) negligence and breach of warranty

Commenting on the remand of the case back to the California Superior
Court, Joseph L. Lisoni of the Pasadena, CA-based law firm of Lisoni &
Lisoni, which filed the lawsuit, noted that the case was originally
filed in the state court and that is where it properly belongs.

Mr. Lisoni remarked, "Now that it has been returned to its proper court
jurisdiction, we are now hopeful that the defendants will not prolong
this litigation.  Our main goal has always been to get the Steeltex
tires off the streets and we urge Bridgestone/Firestone to recall them
immediately.  By doing so, they will not only save more accidents,
deaths and injuries but minimize the damage to their reputation as
well."

Mr. Lisoni emphasized if Firestone neglects to take the "proper
decisive action.needed," the lawsuit will proceed as well as the public
education program that has been initiated to warn consumers of the
potential danger that could result from Steeltex tire defects.
Concurrently, he added, a campaign is in process to enlist the aid of
federal, state and local government representatives and agencies in
taking whatever action is appropriate to protect the health and safety
of Americans.

Regardless of the outcome of the litigation, Mr. Lisoni stressed his
firm is working closely with the National Highway Traffic Safety
Administration (NHTSA) to get it to reopen its investigation of the
Steeltex tire series which it suspended on April 9, 2002.  On November
15, 2002, Mr. Lisoni formally petitioned the NHTSA to reopen the
investigation.  On December 23, in a written request, the agency asked
for additional information and documentation to support the petition,
which Mr. Lisoni has indicated he will provide very soon.

"Time is of the essence," Mr. Lisoni noted, adding, "whether through
the lawsuit, the NHTSA petition or other government action, we will not
cease our efforts until the more than 30 million Steeltex tires
Bridgestone/Firestone has produced are not a threat to the public's
safety any more."


BRISTOL-MYERS SQUIBB: Withdraws Anti-Depressant From European Market
--------------------------------------------------------------------
Bristol-Myers Squibb is withdrawing from the European market its
antidepressant drug Dutonin, known as Serzone in the United States,
because in rare cases it can cause fatal liver damage, The Wall Street
Journal Europe reports.

Lawsuits already have begun piling up in the United States against
Bristol-Myers regarding Serzone.  "We probably have about 1,000 clients
at this point," said Michael O'Meara, a Chicago lawyer who has filed
suit in US District Court in Chicago, seeking class action status.

The Company has in recent years been responding differentially across
the globe to concerns about the drug.  In June 2001, the Company sent
letters to Canadian doctors warning of the drug's sometimes-fatal
effects on the liver.  Six months later the US Food and Drug
Administration required that a similar letter be sent to US, doctors
and told the company to add a warning to the drug's label highlighting
dangerous side-effects.

The drug's use was discontinued recently in Sweden.  Earlier this week,
the company's Dutch subsidiary said it would stop commercializing the
drug in the Netherlands in April, after the Netherlands Medicine
Assessment Board announced that it was investigating the drug upon
receiving 26 reports of serious liver failure and some deaths related
to the drug's use.

Bristol-Myers is in the midst of one of the worst periods in its 144-
year history.  Sales have fallen, and the company has conceded that its
accounting for the last three years was so flawed that its results must
be restated.  A front page story in the Wall Street Journal last month
reported even more accounting problems than the company has admitted.
Its high-profle partnership with ImClone systems Inc. has led to a $1.1
billion write-off by Bristol-Myers.


CATHOLIC CHURCH: Some Clergy Sex Abuse Suits May Be Consolidated In CA
----------------------------------------------------------------------
Attorneys for alleged victims of clergy sex abuse and two Southern
California Roman Catholic dioceses consented recently to a framework
that could consolidate up to 500 molestation lawsuits before a single
judge, the Associated Press Newswires reports.

As part of the agreement, the Archdiocese of Lost Angeles and the
Diocese of Orange, agreed to review and begin turning over within 30
days some personnel files, parish transfer records and other documents
that plaintiffs' lawyers have requested.  The agreement does not
include San Bernardino and San Diego dioceses.

The meeting was called by County Superior Judge Peter D. Lichtman, who
specializes in complex cases, to develop procedures for dealing with
the tide of sex abuse cases involving Catholic priests that is expected
to develop this year in response to a state law that extends through
2003, the statute of limitations for alleged victims to sue.

Judge Lichtman has been urging the two sides in a class action against
the Los Angeles archdiocese toward mediation.  He said he would assume
responsibility for four lawsuits that already have been filed in Orange
County "for settlement purposes."  Judge Lichtman has indicated that he
would be willing to mediate any active or pending cases from the four
Southern California jurisdictions.

Raymond Boucher, a Beverly Hills lawyer whose firm is representing more
than 160 people suing Catholic officials throughout the state, and who
acted on behalf of the nine plaintiffs lawyers present, asked Judge
Lichtman to order the Archdiocese of Los Angeles to produce personnel
and other confidential records it has on priests who have been named in
lawsuits or could be named in the future based on past allegations.

Since this seemed to be a thorny issue, and it was decided that future
hearings will likely be held to determine which documents the church
must make available and which it can refuse to hand over to protect
priests' privacy rights.

Judge Lichtman set another status conference for February 25.  Between
now and then, the plaintiffs' lawyers are supposed to develop a "case
mangement order" proposing how the lawsuits will be handled at various
stages in the system and to draw up a spreadsheet containing
information on all the alleged victims and their alleged abusers.


CREDIT CARDS: Visa, Mastercard On Same Side in Retailers Antitrust Suit
-----------------------------------------------------------------------
Longtime rivals Visa and Mastercard are fighting on the same side in an
antitrust class action filed by Wal-Mart Stores, Inc. and four million
other retailers, as a New York judge hears summary judgment arguments
in the suit, CNNfn reports.

The suit alleges argues that the credit card companies leveraged their
market power to promote their own systems in the growing debit card
market, charging higher fees that were passed on to consumers.  The
plaintiffs further alleges that the policy unfairly forces any business
that signs on for the credit card system to also accept debit
transactions at higher fees.

While Visa and MasterCard each have separate defense teams and are only
named together in one part of the suit, they have filed joint briefs
asserting the same fundamental arguments.  Both say that their policy
of forcing retailers to "honor all cards" with the associations' logos
provides more choice to consumers and that other payment networks -
such as NYCE, MAC, STAR and PULSE - are still thriving, CNNfn reports.

The 1996 suit, delayed while the parties disputed its class action
status in appeals courts, highlights the unique relationship between
the leading payment card companies.  Both companies are private
associations comprised predominantly of the same member banks, most of
whom issue or have issued both Visas and MasterCards, CNNfn reports.

"We find ourselves in the same position because we are a similar
organization and have similar reasons for having an 'honor all cards'
rule," Stephen Theoharis, senior vice president and director of
litigation at Visa, of the Wal-Mart suit, told CNNfn.  He said any
payment systems network would support the same argument because
universal acceptance is central to the systems' functionality.

To Lloyd Constantine - who represents the plaintiffs and has described
Visa and MasterCard as a "credit card cartel" - the companies used the
rule in an attempt to monopolize the debit card market.  Visa and
MasterCard's offline form of debit payment, which requires a signature,
costs $1.50 per $100 transaction, retailers say.  This compares with 10
cents for rival offline systems that require entering personal
identification numbers (PINs), CNNfn reports.


IOWA: Ex-Marycrest Students Accuse Teikyo University President Of Fraud
-----------------------------------------------------------------------
A group of former students of Marycrest International University have
filed a lawsuit seeking class action status against the Japanese head
of the Teiyko University Group, claiming he defrauded the students,
Associated Press Newswires reports.

The lawsuit was filed recently in Denver, Colorado, site of Marycrest's
chiropractic college.  Twenty former students of the college are named
as plaintiffs.  They are seeking class action status for the case so
that the lawsuit can proceed on behalf of all Marycrest students at
both the Davenport, Iowa and Denver schools, both of which closed last
year.  The students are seeking unspecified damages as compensation for
tuition and other expenses, plus unspecified punitive damages.

President Okinaga presides over Teikyo in Japan and a network of
related affiliates that allegedly controlled Marycrest and several
other American colleges in which Mr. Okinaga had a financial stake.
The lawsuit accuses Mr. Okinaga of civil conspiracy, negligent
misrepresentation, deceptive trade practices and breach of contract.
The students claim Mr. Okinaga treated Marycrest not as a tax-exempt,
non-profit public trust, but as a business in which he sought to
maximize profits at students' expense.

The lawsuit also claims that Shoichi Okinaga, president of Teiyko, and
others falsely represented Marycrest as a "normal or typical United
States college" and did not disclose the fact that "it was inevitable
the school would close."


K.G. MARX: Enters Agreement To Settle Five-Year-Old Securities Lawsuit
----------------------------------------------------------------------
An investor lawsuit against party-store company, K.G. Marx, has been
settled, nearly five years after the last store closed, The Columbus
Dispatch reports.

K.G. Marx, based in Westerville, raised nearly $900,000 in a stock
offering in 1995, to expand its chain of party stores, but within a few
years it was in bankruptcy court.  Investors sued and have reached an
agreement to receive nearly $600,000 back, said Todd Neuman, an
attorney who represented 182 investors in the lawsuit.  "That is a
phenomenal return for a class-action case," Mr. Neuman said.

K.G. Marx opened its first store in 1980, specializing in party
supplies.  The company gradually added more central Ohio stores and
expanded its offerings to rental equipment.  The company finally had a
chain of seven stores, but ran into problems and downsized over time
until only three stores remained  Those stores were closed in July
1998.


MCDONALD'S CORPORATION: Vegetarians Question Settlement Distribution
--------------------------------------------------------------------
Some vegetarians, including the lead lawyer, are challenging how
McDonald's Corporation will distribute $10 million to settle the
mislabeling case involving beef-flavored french fries, the Associated
Press reports.  An Illinois Circuit Court judge in Chicago will hear
arguments on who should receive the money and why.

The Seattle attorney who brought the original lawsuit against the fast-
food giant, Harish Bharti, told AP he will object to the company's list
of proposed recipients in part because the selection process was
"rigged," favoring those who either don't represent the majority of
vegetarians or who are sympathetic to McDonald's.

"I am deeply concerned that the funds not be allocated to a relatively
small number of interest groups determined by ... lawyers with personal
preferences or prejudices unrelated to the actual needs and concerns of
the class members," Mr. Bharti said in a brief.  He wants the court to
appoint an impartial third party to draw up a new recipients' list.

The operator of a Web site for vegetarians, VegSource.com, has filed
objections to the settlement distribution.  Jeffrey A. Nelson contends
some would-be recipients are "in fact anti-vegetarian," according to an
AP report.  Some, Mr. Nelson said, had publicly opposed bringing a
class-action lawsuit against McDonald's for representing its fries and
hash browns as being vegetarian when they were, in fact, cooked in
beef-flavored oils.

To settle the matter, McDonald's, based in Oak Brook, Ill., issued an
apology and agreed to pay $10 million - 60 percent to vegetarian
groups, 20 percent to Hindu and/or Sikh organizations, 10 percent to
children's nutrition and hunger relief efforts and 10 percent to those
promoting the understanding of Kosher foods and dietary practices.
Besides various vegetarian groups, three universities, Tufts, Loma
Linda in California and the University of North Carolina at Chapel
Hill, will divide $1.3 million, according to the submitted list.

Responding to complaints over the choice of recipients, McDonald's
filed a brief saying that some complaints are "substantive but many .
fall into the category of petty gripes or sour grapes over not
receiving funds . When distributing a large sum of money, it is
impossible to please every potential grant recipient or interested
party," the company said.

Of Mr. Nelson's complaint, McDonald's said in the brief that it
"reflects intramural squabbling within the vegetarian community about
tactics for achieving vegetarian aims."


NETWORK ENGINES: Faces Shareholder Lawsuit Over Tidalware Acquisition
---------------------------------------------------------------------
Network Engines, Inc. (Nasdaq: NENG) faces a purported class action and
derivative lawsuit in the Court of Chancery in the State of Delaware.
The suit also names as defendants its Board of Directors and relates to
the acquisition of TidalWire Inc.

The plaintiffs allege Network Engines and its Board of Directors
breached their fiduciary duties by, among other things, paying an
excessive amount for the acquisition of TidalWire, and purportedly
failing to disclose material facts in the Company's distributed Joint
Proxy Statement/Information Statement regarding Network Engines' shares
issuance in the merger.  The plaintiffs are seeking damages, rescission
of the merger and other relief.

Network Engines believes it has highly meritorious defenses and intends
to vigorously defend against the suit.  Network Engines completed the
acquisition of TidalWire Inc., a privately held company dedicated to
the distribution and support of storage networking products, on
December 27, 2002.  The transaction, valued at approximately $18
million, created a combined company dedicated to the development,
manufacturing, and distribution of server appliances and complementary
products for storage, security and network management applications.


NEW MEXICO: Lawyer Plans Suit Over Violation Of Women Inmates' Privacy
----------------------------------------------------------------------
A female inmate of the new Metropolitan Detention Center in
Albuquerque, claims male guards spy on her and other women while they
shower and undertake other private physical care of themselves in the
jail, the Albuquerque Journal reports.

Inmate Shauna Bateman said through her lawyer that jail officials have
ignored seven requests that they put up a structure to obscure guards'
view of the shower in Pod D, where she is housed.  Albuquerque attorney
Samuel Bregman said he will file a class action, naming other women as
potential plaintiffs if the problems are not corrected very soon.  "A
lawsuit would be filed in federal court and could involve dozens, if
not a couple hundred" female inmates as plaintiffs, Mr. Bregman said.

In addition to her complaint about being observed in the shower, Ms.
Bateman said that in other instances maintenance men and male attorneys
walked into her pod unannounced.  Ms. Bateman also says a surveillance
camera, which she believes was operated by male guards, was directly
pointed at showers that female inmates use.

Mr. Bregman said his client and other women also complain of being
spied upon while they use the toilet.  Mr. Bregman said there was a $2
solution to the problem, shower curtains.


NORTH CAROLINA: US Airways Flight 5481 Crashes At Take-off, 21 Killed
---------------------------------------------------------------------
A US Airways commuter plane crashed and burned during take-off, killing
21 passengers aboard, the Associated Press reports.  US Airways Express
Flight 5481, a Beech 1900 twin-engine turboprop, was just taking off
from the Charlotte Douglas International Airport in North Carolina when
it veered back toward the ground, clipping a corner of the hangar as it
fell, officials stated.

Investigators for the National Transportation Safety Board have already
recovered the flight data recorder and the cockpit voice recorder for
the doomed plane, hoping to shed light on the cause of the crash - the
deadliest US air accident in nearly 14 months.

Investigators told AP they are ruling nothing out.  FBI agent-in-charge
Chris Swecker said there is no preliminary indication of terrorism.
The pilot, identified by US Airways as Katie Leslie of Charlotte,
contacted the tower at takeoff to report an emergency, said Greg
Martin, a spokesman for the Federal Aviation Administration.  "However,
(the transmission) was cut short and the emergency was never
identified," he said.

"It just happened so quickly," Yvonne Hepler, who saw the crash from
about 500 yards away, told AP.  "It just disintegrated in a matter of
seconds."

Her co-worker, Dee Addison, ran outside to see people running from a
maintenance hangar.  "It didn't even look like a plane," she said. "It
was totally demolished."

No one on the ground was injured, though a portion of the hangar - a
maintenance facility for US Airways - was scorched and battered.  Smoke
poured from the wreckage, so thick "you could taste it in your mouth,"
Addison told AP.

A maintenance alert for the type of plane involved in the crash was
issued in August indicating that attachment bolts for the vertical
stabilizer were found loose on one plane during a scheduled inspection,
the Associated Press reports.  The FAA has issued nearly two dozen
airworthiness directives on the 1900-D since 1994. The directives warn
of problems that must be repaired if found in an aircraft.


PACE PRODUCTS: Recalls 145T Children's Soap Making Kits For Burn Hazard
-----------------------------------------------------------------------
Pace Products, Inc. is cooperating with the US Consumer Product Safety
Commission (CPSC) by voluntarily recalling about 145,000 children's
soap making kits.  The soap may get too hot when heated in the
microwave oven and leak from the tray mold posing a burn hazard to
children.  The Company has received three reports of burn injuries from
the heated soap, including a 6-year-old girl who received burns to her
hand.

The soap kits were sold under the name 'Soap Making for Kids."  The
kits include a plastic mold tray, three bars of glycerine, string and
an instruction book.  "SCHOLASTIC INC."  and "Made in U.S.A." are
printed on the back of the soap kit box.

Scholastic Book Clubs and Book Fairs sold the recalled soap kits at
schools nationwide from March 2000 through November 2002 and bookstores
sold the recalled soap kits from March 1998 through November 2002 for
about $8.

For more details, contact the Company by Phone: (800) 541-7670 between
8 am and 5 pm ET Monday or visit the firm's Website:
http://www.paceplace.com


PHILADELPHIA: City Council Sues To Force Trash Pick-Up At Large Condos
----------------------------------------------------------------------
The City Council recently went to court, suing the city to end its
longtime refusal to collect garbage from large condominium buildings,
the Associated Press Newswires reports.  Hundreds of condominium
associations that now pay for private trash pick-up also have filed a
class action alleging that the city's practice of collecting garbage
from some taxpayers, but not from others, is unconstitutional.

The Council is asking the Philadelphia Court of Common Pleas to order
Mayor John F. Street to enforce an ordinance that extends municipal
trash service to all cooperative and condominium buildings in the city.
For decades, the city has not collected trash from buildings with more
than six housing units, a restriction common in large cities
nationwide.

The mayor has consistently shown his opposition to such an extension of
service.  Mayor Street, in a letter to the Council in September, wrote
that adding large condominiums to city trash routes would cost at least
$1.7 million annually, a figure that was too expensive.   Additionally,
the mayor refused to sign the ordinance extending trash service, which
was passed by the Council in June and became law over his objection in
September.  The mayor said he would refuse to enforce it.

Mayor Street's lawyers have said the Council has no authority over the
city's trash collection practices.  City Council President Anna C.
Vera, said the mayor does not have the authority to ignore the law.
The Council's lawyer, Robert Daniels, said Mayor Street was failing to
carry out his oath of office to uphold the law.

Meanwhile, a federal judge has ruled in the lawsuit brought by the
condominium associations, saying that the city could not legally refuse
to pick up trash from the high-rise condominium buildings while
allowing pickup at large but low-rise blocks of row-house buildings.
That ruling is on appeal by the associations to the Third US Circuit
Court of Appeals, which has taken a harsher view of such lawsuits.  The
Third Circuit last month upheld trash pickup rules in a city suburb,
holding that municipalities were free to decide what types of buildings
should get service.


SECURITIES LITIGATION: SEC Launches Probe into Mutual Fund Overcharging
-----------------------------------------------------------------------
Outgoing Securities and Exchange Commission (SEC) Chairman Harvey Pitt
said brokerage companies may have overcharged mutual fund investors by
"a huge amount," the Associated Press reports.  SEC regulators and the
National Association of Securities Dealers have commenced an
investigation over allegations that brokerage firms may have
overcharged fund investors by failing to provide available discounts.

"If it's a widespread problem, it could be a significant amount of
money," Mr. Pitt told reporters Wednesday after an evening address to a
meeting of mutual fund directors.  He declined to estimate how much
money might be at stake, saying, "we don't know enough yet."

Mr. Pitt will soon be leaving the SEC after resigning under pressure in
November following a series of political missteps.  Last month,
President Bush nominated investment banker William H. Donaldson, a
former chairman of the New York Stock Exchange, to replace Mr. Pitt as
head of the besieged agency.  The Senate must first confirm Mr.
Donaldson, AP reports.

In this latest regulatory investigation, mutual funds aren't accused of
any wrongdoing.  Regulators are concentrating on brokerage firms,
looking at how they handle funds that carry a sales charge, or "load."
Funds frequently discount such fees, based on the amount invested, with
different levels or breakpoints for applying lower fees.  Probes are
focused on whether brokerages that sell mutual funds with sales loads
are making the discounts available to eligible investors.  If they
haven't, regulators said investors who bought shares in load funds
through brokerage companies would have been overcharged, AP states.

Mr. Pitt said the allegations may not amount to anything, or could be a
massive problem requiring enforcement actions.  "We are talking,
potentially, about a huge amount of money, and that money went
somewhere," other than to investors, he told fund directors.

Asked about the state of US corporations, Mr. Pitt sounded an
optimistic note, saying he thinks companies are better governed now
than in prior decades, with better-educated executives and more
diligent board members.  A flurry of legislation and rules put into
effect in the wake of corporate accounting scandals at Enron Corp.,
WorldCom Inc. and others won't be a cure-all for corporate scandals,
Mr. Pitt stressed.  "We can make the system better," he noted,
according to AP.  "We can't make people better."


ST. CLOUD: College Appoints New Leader, Plans To Restructure Office
-------------------------------------------------------------------
The affirmative action office at St. Cloud State University has a new
leader, hired recently as interim affirmative action compliance and
support officer.  He will serve until a permanent officer is hired, the
Associated Press Newswires reports.

The school appointed Aly Xiong, a Stillwater consultant, to head up its
affirmative action office.  His duties include educating employees and
students about the university's discrimination policies and assisting
in the application of federal and state regulations.  The university
will launch a national search for a permanent affirmative action
officer after it reorganizes the structure of the office, said
university spokeswoman Lisa Helmin Foss.

The office came under fire in February 2002, after the US Equal
Employment and Opportunity Commission (EEOC) issued a report.  The EEOC
investigated the climate on campus at the request of the university,
following a series of EEOC complaints accusing the school of
discrimination.  The report states there is a lack of trust and
confidence in the affirmative action office and its grievance process.
Laurel Allen, who headed the office then, left for a job in New York,
three months later.

A class action accusing the school of anti-Semitism, which the
university settled, also singled out the affirmative action office.
Settlement of the lawsuit requires the university to reorganize the
office.


TENET HEALTHCARE: Expects Justice Department To Launch Billing Lawsuit
----------------------------------------------------------------------
Tenet Healthcare Corporation is expecting the United States Justice
Department to commence a lawsuit over alleged improper Medicare
billing, the Associated Press reports.

Several securities suits were commenced after the Company's shares
plunged 70% due to charges that two doctors at a hospital in Redding
performed hundreds of unnecessary heart surgeries, and that doctors at
a hospital in San Diego may have paid to recruit patients.  The Company
also announced in June that it had agreed to pay $55.75 million to
settle several government claims involving alleged over-billing by its
hospitals.

Federal officials have raided both hospitals as part of ongoing
investigations that have thus far centered on the doctors, not the
Tenet facilities, the Associated Press reports.  No charges have been
filed.

Settlement negotiations stalled Wednesday and the nation's second-
largest hospital chain said it expects the government to sue within a
few days.  "We regret that we have been unable to reach an amicable
resolution of these issues," Christi R. Sulzbach, Tenet's general
counsel, told AP.

A call seeking comment from the Department of Justice was not
immediately returned, AP states.


VIVENDI UNIVERSAL: American Shareholders Commence Securities Suit in NY
-----------------------------------------------------------------------
American shareholders commenced a securities suit in the United States
District Court in the Southern District of New York against Vivendi
Universal SA and former chief executive Jean-Marie Messier, the
Financial Times reports, citing the complaint.

The suit alleges that Mr. Messier artificially inflated the second-
largest media company's share price by misrepresenting the company's
financial position, FT said.  The suit also alleges he masked the risk
of a cash crisis, overstated earnings by not writing down impaired
goodwill, improperly consolidated minority investments and incorrectly
recognized revenue.

Investigations into Vivendi's accounts under Mr. Messier in the US and
Europe, which are still underway, could have an impact on the US
shareholders' suit.  The courts will decide whether the class action is
admissible in coming weeks, the FT said.

                    New Securities' Fraud Cases

CABLE & WIRELESS: Cohen Milstein Commences Securities Suits in E.D. VA
----------------------------------------------------------------------
Cohen, Milstein, Hausfeld & Toll, PLLC, initiated a securities class
action against Cable & Wireless and certain of its officers and
directors (NYSE: CWP) in the United States District Court for the
Eastern District of Virginia on behalf of all persons who purchased or
otherwise acquired the securities of CWP between August 6, 1999 and
December 6, 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, by issuing a series of materially false and misleading
statements to the market between August 6, 1999 and December 6, 2002.

Specifically, the complaint alleges defendant Cable issued a press
release on August 6, 1999, announcing it had agreed to sell One 2 One,
a British based mobile telecommunications operator, to Deutsche
Telekom.  Under the announced terms of the agreement, Deutsche Telekom
would pay 6.9 billion pounds sterling in cash for 100% of the equity
ownership interest in One 2 One including the repayment of 237 million
pounds of shareholder loans, and would assume approximately 1.5 billion
pounds of third-party debt.

According to the complaint, such statements were materially false and
misleading because they failed to disclose a critical term of the One 2
One deal was a 1.5 billion pounds tax indemnification clause agreed to
by Cable, and more specifically, a trigger clause, whereby a future
downgrade of Cable's long-term debt rating below a predetermined
threshold would trigger a 1.5 billion pounds cash obligation on behalf
of Cable.

On December 6, 2002, Moody's investment service announced it would
downgrade the long-term debt rating of Cable from Baa1 to Baa2.  Cable
then shocked the market in a press release that same day stating that,
as a consequence of the downgrade, the above mentioned "ratings
trigger" was activated.

The announcement caused the price of Cable's ADRs to fall by 40 percent
in one business day, from a closing price of $3.90 per ADR on December
6, 2002, to close at $2.33 per ADR on December 9, 2002, on unusually
high trading volume.  Subsequently, the company filed a Form 6-K with
the SEC on December 9, 2002, which included a statement regarding the
tax indemnification "ratings trigger" clause.

For more details, contact Steven J. Toll or Mary Ann Fink by Mail: 1100
New York Avenue, NW Suite 500 - West Tower, Washington, DC 20005 by
Phone: 888-240-0775 or 202-408-4600 by E-mail:  stoll@cmht.com or
mfink@cmht.com or visit the firm's Website: http://www.cmht.com


CABLE & WIRELESS: Wechsler Harwood Commences Securities Suit in E.D. VA
-----------------------------------------------------------------------
Wechsler Harwood LLP initiated a securities class action on behalf of
shareholders who purchased, converted, exchanged or otherwise acquired
American Depository Receipts (ADRs) of Cable and Wireless PLC
(NYSE:CWP) between August 6, 1999 and December 6, 2002, inclusive.  The
case is pending against Cable & Wireless in the United States District
Court for the Eastern District of Virginia.

The complaint alleges the 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 August 6, 1999 and December 6, 2002.
Specifically, the complaint alleges that the Company issued a press
release on August 6, 1999, announcing that it had agreed to sell One 2
One, a British based mobile telecommunications operator, to Deutsche
Telekom. Under the announced terms of the agreement, Deutsche Telekom
would pay 6.9 billion pounds sterling in cash for 100% of the equity
ownership interest in One 2 One including the repayment of 237 million
pounds of shareholder loans, and would assume approximately 1.5 billion
pounds of third-party debt.

According to the complaint, these statements were materially false and
misleading because they failed to disclose that a critical term of the
One 2 One deal was a 1.5 billion pounds tax indemnification clause
agreed to by Cable. More specifically, it contained a trigger clause,
whereby a future downgrade of Cable's long-term debt rating below a
predetermined threshold would trigger a 1.5 billion pounds cash
obligation on behalf of Cable.

On December 6, 2002, Moody's investment service announced it would
downgrade the long-term debt rating of Cable from Baa1 to Baa2.  Cable
then shocked the market in a press release that same day stating, as a
consequence of the downgrade, the above mentioned "ratings trigger" was
activated.  The announcement caused the price of Cable's ADRs to fall
by 40 percent in one business day, from a closing price of $3.90 per
ADR on December 6, 2002, to close at $2.33 per ADR on December 9, 2002,
on unusually high trading volume.  Subsequently, the company filed a
Form 6-K with the SEC on December 9, 2002, which included a statement
regarding the tax indemnification "ratings trigger" clause.

For more details, contact David Leifer by Mail: 488 Madison Avenue, 8th
Floor, New York, New York 10022 by Phone: (877) 935-7400 or by E-mail:
dleifer@whesq.com


CYTYC CORPORATION: Marc Henzel Commences Securities Lawsuit in MA Court
-----------------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class action
on behalf of purchasers of the securities of Cytyc Corporation (NASDAQ:
CYTC) between July 25, 2001 and June 25, 2002 inclusive in the United
States District Court for the District of Massachusetts against the
Company and:

     (1) Patric Sullivan (CEO throughout the class period, President
         until January 30, 2002, Chairman since November 7, 2001) and

     (2) Robert L. Bowen (CFO)

The complaint charges the defendants violated Sections 10(b) and 20(a)
of the Securities Exchange Act of 1934, and Rule 10b-5, by issuing a
series of materially false and misleading statements to the market
between July 25, 2001 to June 25, 2002.  Among other things, the
complaint alleges that throughout the class period, Cytyc issued press
releases representing that it was enjoying record revenue and earnings
growth, increasing the market share of its primary product (ThinPrep),
and its revenues would grow by 25% in 2002 over 2001, to $275-$300
million. The Company also asserted it was not negatively impacted, and
would not be negatively impacted, by the general economic slowdown that
was well underway at the time.

These statements were materially false and misleading, according to the
complaint, because they failed to disclose that the Company's
seemingly-impressive revenue and earnings growth was attributable, in
material part, to overstocking of inventory at the laboratories which
purchased ThinPrep in large volumes in reaction to deep discounts
offered by Cytyc. Cytyc recognizes revenue upon shipment.

The complaint further alleges the defendants were motivated to commit
the alleged securities laws violations in order to pump up the
Company's results so it could use its inflated stock as currency for
key corporate acquisitions.  On December 3, 2001, Cytyc acquired Pro-
Duct Health, Inc. for $167 million in Cytyc common stock and cash and,
on February 2, 2002, announced it entered a definitive merger agreement
to acquire Digene Corporation using Cytyc common stock and cash.

At the time, the Digene acquisition was valued at $554 million. On
April 24, 2002, after the close of trading, Cytyc revealed, in a
conference call, that its revenues and earnings for 2002 would be
materially less than the market had been led to believe.  Instead of
revenues between $295-$305 million, the Company stated 2002 sales would
be as low as $270 million, and reduced earnings expectations from $0.66
per share to $0.55 per share.

According to the Company, the cut was due to inventory reduction by its
customers (laboratories), which had overstocked ThinPrep in the first
quarter of 2002 and would meet end-user demand from inventory instead
of new orders.  In response to the announcement, which was contrary to
repeated assurances by the Company, the price of Cytyc common stock
plummeted by 36.5%, falling from a $24.80 per share close on April 24
to close at $15.73 on April 25, on extremely heavy trading volume.

The truth regarding the Company's business, however was still
undisclosed, according to the complaint.  On June 25, 2002, Cytyc
shocked the market by again lowering its expected revenues for 2002 to
$230-$245 million and earnings per share to $0.40-$0.44.  In a
conference call held later that day, Cytyc announced that it was
considering switching its revenue recognition model from its current
recognition-on-shipment to a system more reflective of end-user demand.
In response, Cytyc's stock price plummeted again, this time by 39%,
falling from a $11.46 per share close on June 24, to close at $6.88 per
share on June 25, on extremely heavy trading volume.

For more details, contact Marc S. Henzel by Mail: 273 Montgomery Ave.,
Suite 202, Bala Cynwyd, PA 19004-2808, by Phone: (888) 643-6735 or
(610) 660-8000 by Fax; (610) 660-8080, by E-mail: Mhenzel182@aol.com or
visit the firm's Website: http://members.aol.com/mhenzel182.


DIVERSA CORPORATION: Stull Stull Commences Securities Suit in S.D. NY
---------------------------------------------------------------------
Stull, Stull & Brody initiated a securities class action on behalf of
purchasers of the common stock of Diversa Corporation (NASDAQ: DVSA)
between February 14, 2000 and December 6, 2000, inclusive.  The action
is pending in the United States District Court, Southern District of
New York against the Company and:

     (1) Jay M. Short,

     (2) Karin Eastham,

     (3) James H. Cavanaugh,

     (4) Bear Stearns Co., Inc.,

     (5) J.P. Morgan Securities, Inc. (as successor-in-interest to
         Chase H&Q),

     (6) Chase H&Q,

     (7) Deutsche Banc Alex. Brown,

     (8) Credit Suisse First Boston (as successor-in-interest to DLJ),

     (9) ABN Amro Securities (as successor-in-interest to ING Baring
         Furman Selz),

    (10) ING Baring Furman Selz,

    (11) Merrill Lynch Pierce Fenner & Smith, Inc.,

    (12) Morgan Stanley, Robertson Stephens, Inc. (as successor-in-
         interest to FleetBoston Robertson Stephens Inc.),

    (13) Salomon Smith Barney, Inc.,

    (14) SG Cowen Securities Corp.,

    (15) Warburg Dillon Read,

    (16) RBC Dain Rauscher (as successor-in-interest to Dain Rauscher
         Wessels),

    (17) Dain Rauscher,

    (18) Needham & Company, Inc.,

    (19) Pacific Growth Equities, Inc.,

    (20) RBC Dain Rauscher (as successor-in-interest to Tucker Anthony)
         and

    (21) Tucker Anthony

The complaint alleges violations of Sections 11 and 15 of the
Securities Act of 1933 and Section 10(b) and 20(a) of the Securities
Exchange Act of 1934 and Rule 10b-5 promulgated thereunder.  In
February 2000, Diversa commenced an initial public offering of
7,250,000 of its shares of common stock at an offering price of $24 per
share.  In connection therewith, Diversa filed with the SEC a
registration statement, which incorporated a prospectus.

The complaint further alleges, among other things, that the Prospectus
was materially false and misleading because it failed to disclose,
among other things, that:

     (i) the Underwriter Defendants had solicited and received
         excessive and undisclosed commissions from certain investors
         in exchange for which the Underwriter Defendants allocated to
         those investors material portions of the Diversa shares
         issued in connection with the Diversa IPO; and

    (ii) the Underwriter Defendants had entered into agreements with
         customers whereby the Underwriter Defendants agreed to
         allocate Diversa shares to those customers in the Diversa IPO
         in exchange for which the customers agreed to purchase
         additional Diversa shares in the aftermarket at pre-determined
         prices.

In addition, the complaint alleges that certain of the Underwriter
Defendants improperly utilized their analysts, who were compromised by
undisclosed conflicts of interest, to artificially inflate or maintain
the price of Diversa stock.

For more details, contact Tzivia Brody by Mail: 6 East 45th Street
New York, NY, 10017 by Phone: 1-800-337-4983 by E-mail: ssbny@aol.com
or visit the firm's Website: http://www.ssbny.com


MONEY STORE: Mark Kaufman, Curtis Trinko File Securities Lawsuit in NY
----------------------------------------------------------------------
The Law Offices of Mark S. Kaufman and the Law Offices of Curtis V.
Trinko, LLP commenced a securities class action in the United States
District Court for the Southern District of New York against
Sacramento-based The Money Store and TMS Mortgage, Inc. (now known as
HomEq Servicing Corporation). They allege a series of improper mortgage
lending and service practices harming California homeowners.

Among other allegations, the class action contends The Money Store and
HomeEq have routinely violated both California and federal law by
charging California borrowers who are behind on their mortgage payments
for the costs of attorney demand letters, home appraisals, property
inspections, attorneys fees and other lender expenses.  The lawsuit
also alleges The Money Store had a Colorado law firm, Moss, Codilis
LLP, send out over 89,000 form default letters on its behalf, creating
the false impression that the firm had been retained by the Money
Store. The firm actually did little more than provide The Money Store
with its letterhead.

Finally, plaintiffs allege the Money Store routinely charged dishonored
check fees in excess of those allowed under the standard form loan
documents issued to California borrowers, and in situations such as
where borrowers were enrolled in an Automatic Payment Plan, where the
lender was not allowed to assess such fees.

For more details, contact Mark Kaufman of The Law Offices of Mark S.
Kaufman by Mail: 36 West 44th Street, Suite 900 New York, NY 10036 by
Phone: (212) 592-2226 by E-mail: Mkaufman@onsiteaccess.com or contact
Paul Grobman by Mail: 535 Fifth Avenue, 33rd floor New York, NY 10017
by Phone: (212) 983-5880 by E-mail: Grobtown@aol.com or Neal DeYoung of
the Law Offices of Curtis V. Trinko, LLP by Mail: 16 West 46th Street,
Seventh Floor New York, NY 10301 by Phone: (212) 490-9550 by E-mail:
Ctrinko@trinko.com


MOTOROLA INC.: Weiss & Yourman Lodges Securities Fraud Suit in S.D. NY
----------------------------------------------------------------------
Weiss & Yourman initiated a securities class action against defendant
Carl F. Koenemann, in the United States District Court for the Southern
District of New York, on behalf of purchasers of Motorola, Inc.
(NYSE:MOT) securities between February 3, 2000 and May 14, 2001.

The complaint charges the defendant with violations of the Securities
Exchange Act of 1934.  The complaint alleges that the defendant issued
false and misleading statements, artificially inflating the stock.

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


MOTOROLA INC.: Charles Piven Commences Securities Fraud Suit in S.D. NY
-----------------------------------------------------------------------
The Law Offices Of Charles J. Piven, PA initiated a securities class
action on behalf of shareholders who purchased, converted, exchanged or
otherwise acquired the common stock of Motorola, Inc. (NYSE:MOT)
between February 3, 2000 and May 14, 2001, inclusive, in the United
States District Court for the Southern District of New York against
defendant Carl F. Koenemann.

The action charges the defendant violated federal securities laws by
issuing a series of materially false and misleading statements to the
market throughout the class period,  artificially inflating the market
price of the Company 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


MOTOROLA INC.: Glancy & Binkow Lodges Securities Fraud Suit in S.D. NY
----------------------------------------------------------------------
Glancy & Binkow LLP initiated a securities class action in the United
States District Court for the Southern District of New York on behalf
of all persons who purchased securities of Motorola, Inc. (NYSE:MOT)
between February 3, 2000 and April 6, 2001, inclusive.

The suit charges the Company's former Chief Financial Officer, Carl F.
Koenemann, with violations of federal securities laws.  Among other
things, plaintiff claims the defendant's material omissions and
dissemination of materially false and misleading statements concerning
the Company's business operations caused Company stock prices to become
artificially inflated, inflicting damages on investors.  The suit
alleges the defendant misrepresented the nature of a three-year deal
for Motorola to provide products and services to Telsim, a Turkish
cellular phone system operator.

The suit also charges the defendant failed to disclose that the deal
required Motorola to provide Telsim with $1.7 billion in vendor
financing to purchase Motorola products, or that serious problems had
developed in the companies' relationship.  The nature of the Telsim
deal was revealed in Motorola's March 29, 2001, Proxy Statement filed
with the Securities and Exchange Commission.  Motorola's subsequent
quarterly SEC filing revealed that $728 million of the Telsim loan was
past due.

For more details, contact Michael Goldberg by Mail: 1801 Avenue of the
Stars, Suite 311, Los Angeles, California 90067, by Phone:
(310) 201-9161 or (888) 773-9224 or by E-mail: info@glancylaw.com.


NASH FINCH: Wechsler Harwood Launches Securities Fraud Suit in MN Court
-----------------------------------------------------------------------
Wechsler Harwood LLP initiated a securities class action on behalf of
all purchasers of the common stock of Nash Finch Company (Nasdaq:NAFCE)
common stock during the period between July 7, 2000 and November 8,
2002, inclusive, in the United States District Court for the District
of Minnesota.

The complaint charges Nash Finch Company and certain of its officers
and directors with issuing false and misleading statements concerning
its business and financial condition.  Nash Finch is a food
distribution and retail company in the United States.

Specifically, the complaint alleges that Nash Finch issued false
statements, including false financial results in which the Company
included income from vendor promotions to which Nash Finch was not
entitled, so as to maintain favorable credit ratings on its debt.  As a
result of defendants' false statements, the Company's stock traded at
artificially inflated levels, permitting Nash Finch to maintain credit
ratings on its $400 million in debt.

Then, on November 8, 2002, Nash Finch issued a press release entitled
"Nash Finch Explains Postponement of Earnings Release" which disclosed
an SEC inquiry into its accounting practices.  Once this news was
revealed, Nash Finch's stock collapsed to $7.60 before closing at
$8.18, some 70% below the Class Period high of $28.85.  It was also
noted in November 2002, that Nash Finch's former CFO had sued the
Company claiming he was fired in 2000 for refusing to manipulate Nash
Finch's reported financial results.

For more details, contact Ramon Pi¤on by Mail: 488 Madison Avenue, 8th
Floor, New York, New York 10022 by Phone: (877) 935-7400 or by E-mail:
rpinon@whesq.com


SEPRACOR INC.: Wolf Popper Commences Securities Fraud Suit in MA Court
----------------------------------------------------------------------
Wolf Popper LLP charged Sepracor Inc. (Nasdaq:SEPR) and certain of its
senior officers with violations of the federal securities laws on
behalf of all persons who purchased the Company's common stock on the
open market during the period May 17, 1999 through March 6, 2002.  The
case was filed in the United States District Court for the District of
Massachusetts.

The plaintiff alleges during the class period the defendants made
materially false and misleading statements about the safety of
Sepracor's new allergic rhinitis treatment drug, Soltara, and the
adequacy of safety data to support an approvable New Drug Application
(NDA) for Soltara.  Specifically, the defendants:

     (1) omitted to disclose that extended accumulation and retention
         of Soltara in tissues was observed during pre-clinical
         studies;

     (2) omitted that Soltara had caused hepatic
         phospholipidosis and cardiomyopathy in animals during
         preclinical studies;

     (3) misrepresented that clinical studies for the Soltara NDA
         provided adequate safety data and assurance that Soltara does
         not cause QTc prolongation (delayed or irregular heartbeats)
         in humans; and

     (4) falsely touted the safety profile of Soltara and the
         approvability of the Soltara NDA by March 2002.

As a result of the defendants' material misrepresentations and
omissions, the market price of Sepracor common stock was artificially
inflated during the class period, trading as high as $137.39 per share.

On March 7, 2002, Sepracor shocked the market by issuing a press
release, disclosing that the U.S. Food and Drug Administration (FDA)
would issue a "not approvable" letter for the Soltara NDA due to the
FDA's concerns about observed adverse Soltara accumulation and
cardiovascular events, and the inadequacy of safety data in the Soltara
NDA.  Immediately and on the same day, Sepracor common stock price
plummeted by $27.63 per share, or 58.45%, to $19.64 per share -
resulting in substantial loss for Sepracor shareholders.

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


SEPRACOR INC.: Bernard Gross Launches Securities Fraud Suit in MA Court
-----------------------------------------------------------------------
The Law Offices of Bernard M. Gross, PC initiated a securities class
action in the United States District Court for the District of
Massachusetts, on behalf of all persons and entities who purchased or
otherwise acquired the common stock and/or bonds of Sepracor Inc.
(Nasdaq:SEPR) between May 17, 1999 and March 6, 2002, inclusive.  The
suit names as defendants the Company and:

     (1) Paul D. Rubin, M.D.,

     (2) Timothy J. Barberich, and

     (3) David P. Southwell

The complaint charges the defendants with violations of Sections 10(b)
and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5, by
issuing a series of materially false and misleading statements to the
market during the class period.  As alleged in the suit, throughout the
class period, defendants issued press releases stating:

     (i) they were "confident" that the FDA would approve the Company's
         antihistamine drug, Soltara, by March 2002, followed by
         Soltara's launch in the summer of 2002;

    (ii) that there was no evidence that Soltara caused cardiac
         effects;

   (iii) that the Company had tested Soltara for such periods and in
         such doses that the drug had reached the maximum accumulation
         in patients' bodies without adverse effects; and

    (iv) that the FDA had told the Company that the Company's safety
         testing of Soltara was sufficient to allay any concerns about
         cardiac effects of Soltara.

In fact, as defendants admitted in March 2002, at and after the end of
the class period:

     (a) Soltara had caused cardiomyopathy, an adverse, potentially
         fatal cardiac effects, in rats, as well as phospholipidosis, a
         serious liver disorder, in dogs;

     (b) the Company had not tested Soltara at the maximum
         concentrations in patients' bodies and, therefore, had not
         shown that Soltara would not cause cardiac effects in any
         patient treated with the drug; and

     (c) the FDA had not told the Company that its safety studies of
         Soltara were sufficient to allay concerns about cardiac
         effects.

In addition, in the Company's studies of Soltara in animals, dogs
treated with Soltara, had experienced Qt prolongation, the very effect
that caused earlier antihistamines to be withdrawn from the market due
to deaths in some patients.  Had the investing public known these
facts, the plaintiffs purport it would have been apparent it was highly
improbable Soltara would be approved by the FDA based on the existing
evidence from the Company's testing of the drug.

On March 7, 2002, the Company revealed the FDA had declined to approve
the Company's application to market Soltara because of facts defendants
had misrepresented, these disclosures caused the market price of
Sepracor securities to fall precipitously. Thus, the price of the
Company's 7% convertible subordinated debentures fell from
approximately par prior to the March 7 announcement to approximately
$67 per $100 after the announcement. The market price of Sepracor
securities declined almost 60% on trading volume of nearly 52.3 million
shares, which was approximately 70% of Sepracor's outstanding stock.

For more details, contact Deborah R. Gross or Susan R. Gross by Phone:
(866) 561-3600 (toll-free), (215) 561-3600 or visit the firm's Website:
http://www.bernardmgross.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
publication in any form (including e-mail forwarding, electronic re-
mailing and photocopying) is strictly prohibited without prior written
permission of the publishers.

Information contained herein is obtained from sources believed to be
reliable, but is not guaranteed.

The CAR subscription rate is $575 for six months delivered via e-mail.
Additional e-mail subscriptions for members of the same firm for the
term of the initial subscription or balance thereof are $25 each.  For
subscription information, contact Christopher Beard at 240/629-3300.

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