CAR_Public/030708.mbx           C L A S S   A C T I O N   R E P O R T E R
  
           Tuesday, July 8, 2003, Vol. 5, No. 133

                        Headlines                            

ALABAMA: Contempt Order Sought Over Failure To Remove Prisoners
CATHOLIC CHURCH: New Boston Bishop Troubled By Sex Abuse Issues
DEEP VEIN THROMBOSIS: CA Court Allows Passenger Suits To Proceed
DEEP VEIN THROMBOSIS: Conflicting Rulings Cause Lawyers To Doubt
ELAN CORPORATION: Collapse Likely If Unable To Publish Results

EVENFLO COMPANY: Recalls 236T Infant Car Seats For Injury Hazard
HOLOCAUST LITIGATION: Ruling Complicates Nazi Victims' Claims
IDAHO: Bluegrass Growers Suit Stayed, Appeal Reaches High Court
IFCO SYSTEMS: Faces Suits For Acme Barrel In the United States
ILLINOIS: Apartment Owners Face Suit Over Deadly Porch Collapse

ILLINOIS: Oak Park Mulls Suit Over Damages From Park's Pollution
KMART CORPORATION: Ex-Worker Sues Over Improper 401(k) Oversight
KRAFT FOODS: To Commence Nationwide Campaign To Against Obesity
MERCK & COMPANY: Faces Suit Over Vioxx's Dangerous Side Effects
MONTANA: North Havre Residents Settle Suit Over Diesel Fuel Leak

NISSAN MOTOR: Readies To Provide Minorities With No-Markup Loans
SIX FLAGS: Sues Insurer Over Refusal To Pay Lawsuit Settlement
TELECOMMUNICATIONS FIRMS: Must Explain Fees Clearly Under Pact
TOBACCO LITIGATION: Court Nullifies $15M Damage Award To Smoker
UNITED KINGDOM: Kenyan Women Allege Rapes By British Soldiers

WAL-MART STORES: To Include Gays, Lesbians in Anti-Bias Policy
WORLDCOM INC.: Offers Ex-Shareholders $250M In SEC Settlement

                   New Securities Fraud Cases

ADMINISTAFF INC.: Marc Henzel Lodges Securities Suit in S.D. TX
CREE INC.: Schatz & Nobel Commences Securities Suit in M.D. NC
GUIDANT CORPORATION: Schatz & Nobel Lodges Securities Suit in IN
INTERMUNE INC.: Marc Henzel Lodges Securities Lawsuit in N.D. CA
ORTHODONTIC CENTERS: Marc Henzel Commences Securities Suit in LA

POLYMEDICA CORPORATION: Wolf Haldenstein Files Stock Suit in MA
POLYMEDICA CORPORATION: Marc Henzel Lodges Securities Suit in MA
RECOTON CORPORATION: Marc Henzel Lodges Securities Lawsuit in FL
REGENERON PHARMACEUTICALS: Marc Henzel Launches Stock Suit in NY
SARA LEE: Marc Henzel Launches Securities Fraud Suit in N.D. IL

SINGING MACHINE: Cauley Geller Lodges Securities Suit in S.D. FL
TYCO INTERNATIONAL: Marc Henzel Files Securities Suit in S.D. FL

                          *********


ALABAMA: Contempt Order Sought Over Failure To Remove Prisoners
---------------------------------------------------------------
Jefferson County Sheriff Mike Hale, who said he has been
complaining for months about the state's refusal to take charge
of inmates promptly after sentencing, has asked a judge for a
contempt order against Alabama Prison Commissioner Donald
Campbell, the Associated Press Newswires reports.  The sheriff
contends Jefferson and other counties fall under a class action
in which a judge ordered, last year, that the state remove
prisoners 30 days after they have been sentenced.

Commissioner Campbell, however, said Jefferson County does not
fall under the order arising out of the class action.  Mr.
Campbell said, when the class was created, it exempted counties
that already were subject to federal court orders; a category
which included Jefferson.

Circuit Court Judge Scott Vowell has slated an August 14 hearing
in Birmingham's on Sheriff Hale's motion for a contempt order
against Commissioner Campbell.


CATHOLIC CHURCH: New Boston Bishop Troubled By Sex Abuse Issues
---------------------------------------------------------------
Bishop Sean P. O'Malley, a former Washington, D.C. priest who
was sent by the Vatican to deal with the aftermath of sex abuse
scandals in Fall River, Massachusetts, and Palm Beach, Florida,
was named to succeed Cardinal Bernard M. Law as archbishop of
Boston, according to a leading Catholic newspaper and church
sources in the United States, the Washington Post reports.

Bishop O'Malley is one of the Roman Catholic Church's most
experienced healers of wounded dioceses, with a track record of
settling lawsuits, soothing victims of sexual abuse and
instituting criminal background checks for priests and other
church workers.

In these respects, he is a logical choice to succeed Cardinal
Law.  He will be a radical change for Boston in many ways.  
Unlike Cardinal Law, who has a patrician bearing, Bishop
O'Malley is a Capuchin Franciscan friar who lives under a vow of
poverty and often wears the brown robe and sandals of his order.  
He is remembered in Washington as a "street chaplain" who,
fluent in Spanish, rallied Hispanic residents to fight their
eviction from an apartment building in the neighborhood of Adams
Morgan in the mid-1970s.

Bishop O'Malley, 59, served for less than a year as Bishop of
Palm Beach.  He was appointed to that wealthy but troubled
diocese last fall after its two previous bishops resigned in
succession over allegations related to the sex abuse crisis.

He was tapped for Palm Beach on the strength of his 10-year
record in Fall River, a relatively impoverished diocese south of
Boston that had been devastated, financially and spiritually by
the criminal conviction of a pedophile priest.


DEEP VEIN THROMBOSIS: CA Court Allows Passenger Suits To Proceed
----------------------------------------------------------------
The United States District Court in San Francisco, California
allowed suits filed by travelers against several airlines over
deep vein thrombosis to proceed, Reuters reports.

A California woman and an Arizona man charged Air France,
American Airlines and Continental Airlines with failing to warn
travelers about the dangers of cramped legroom to their health.  
"Deep Vein Thrombosis," also known as the economy class
syndrome, occurs when a blood clot forms in persons who sit
still for a long period of time.  The clots can lead to strokes
or heart attacks.

Attorney for the plaintiffs Michael Danko said airlines should
warn passengers of the condition and encourage people to get up
and actually walk around.  

"The risks of a blood clot go up astronomically after a flight
of five hours or more," Mr. Danko told Reuters.  "Short of
redesigning seats and providing more room, airlines should tell
people to get up and actually walk around -- not exercise in
seats -- every hour and drink more water than they would
otherwise be comfortable drinking, and completely avoid alcohol,
which dehydrates the body."

Plaintiff Debra Miller alleges she suffered a heart attack in
April 2001 after traveling on Air France and Continental
Airlines flights to San Francisco from Paris.  The other
plaintiff Daniel Wylie claims he developed a blood clot in his
right leg after a July 2001 flight to San Francisco from Paris
on American Airlines, a unit of AMR Corporation.

Earlier, a British Court barred a similar suit filed by 24
victims of deep vein thrombosis against the world's biggest
airlines, including British Airways Plc, Europe's largest
airline, Australia's Qantas Airways Ltd. and US carrier
Northwest Airlines Corporation.

A court in Australia is set to make its own decision in a
similar case at the end of the month, Reuters states.  The cases
come amid difficult times for airlines, which are reeling from a
downturn in long-distance and business travel.

Attorneys representing Air France, American Airlines and
Continental Airlines were not immediately available to comment
on the lawsuits, Reuters reports.


DEEP VEIN THROMBOSIS: Conflicting Rulings Cause Lawyers To Doubt
----------------------------------------------------------------
The right of airline passengers to sue the airlines after
contracting deep vein thrombosis (DVT) remains in doubt after
contrary decisions by two overseas courts, said a lawyer for
local litigants, according to a report by The Age.  

The British Court of Appeal recently dismissed a class action
lawsuit brought by 24 claimants against 18 airlines, including
Qantas.  However, in the United States, a federal court in
California, cleared the way for two passengers' cases to
proceed.

The Melbourne law firm of Slater and Gordon is representing
about 500 DVT lawsuits, believed to be the majority of such
lawsuits in Australia.  One test case is due for a hearing on
July 28 before the Appeals Court of the Victorian Supreme Court.  
The case involves a Sydney man, Brian William Povey, who is
suing Qantas and British Airways for a blood clot he claims he
contracted after a long flight.  A Qantas spokeswoman said
she believes Qantas will continue defending itself against Mr.
Povey's action.

Slater and Gordon associate Patrick Over, who is handling the
firm's DVT cases, said that while the decisions would be "of
interest" to the Victorian Supreme Court, their significance
"remains to be seen."  The overseas decisions, noted above, in
UK and the US, are not binding on the Victorian Supreme Court.

Claims for compensation for death and injury during air travel
can be made only under the terms of the Warsaw Convention of
1929.  "In terms of an injury that occurs on board an aircraft,
or in . embarking or disembarking . you must show the injury was
caused by an accident in order to recover compensation," Mr.
Over said.

In December, Justice Bernard Bongiorno, in the Victorian Supreme
Court, allowed Mr. Povey's case to proceed on that basis.  
However, in Britain, three senior judges of Britain's Court of
Appeal ruled that DVT could not be classed as accident under the
Warsaw Convention.  Lawyers for the claimants said they would
take the case to the House of Lords, the final British court of
appeal.


ELAN CORPORATION: Collapse Likely If Unable To Publish Results
--------------------------------------------------------------
Elan Corporation, the pharmaceutical company once valued at $2.3
billion, could face collapse within the next few weeks if it
fails to persuade the Securities and Exchange Commission (SEC)
to allow it to publish its 2002 results, The Sunday Times
reports.   

Holders of Elan's senior debt are likely to demand repayment of
loans worth $650 million if the annual accounts for 2002 are not
published shortly, analysts said recently.  The dispute with SEC
certainly affects the 20 or more class actions filed by Elan
shareholders last year.

Elan's announcement that the publication of its 2002 annual
accounts would be delayed because of continuing discussions
between the company and the SEC, shook the markets.  The SEC has
been investigating Elan's books since February of 2002.

Arthur Wong, an analyst with rating agency Standard and Poor's,
said senior debt holders were "unlikely" to waive their rights
to see the annual accounts.   A 75 percent majority is necessary
to get a waiver from the senior debt holders, said David
Marshall, an analyst with NCB Stockbrokers.  If there is no
waiver, the company could be forced to make the repayment of
$650 million of senior debt.  This would be the signal for the
other lenders to ask for their money back.

The company has admitted that it is not in a position to make an
immediate repayment of its debts.  Holders of senior debt have
priority in the payment queue, giving them incentive to pay hard
ball if they fear that the company is doomed.

The dispute with the SEC stems from Elan's use of off-balance
sheet vehicles to consolidate debts contained in its joint
ventures.  If these had been included in Elan's accounts, as
reported under American accounting rules, its profits published
in the United States would have been $130 million lower in 2001.

The dispute with the SEC almost certainly has implications for
more than 20 class actions that were launched by Elan
shareholders in the wake of last year's share price collapse.  
The share fall and legal actions came after The Wall Street
Journal published an article in February 2002, accusing the
company of concealing losses in the accounts of subsidiaries and
partnerships.


EVENFLO COMPANY: Recalls 236T Infant Car Seats For Injury Hazard
----------------------------------------------------------------
Evenflo Company Inc. is recalling 236,384 Cozy Carrier infant
car seats manufactured between November 2001 and August 2002,
the Associated Press reports.  National Highway Traffic Safety
Administration (NHTSA) tests determined that the detachable base
that connects the seat to the vehicle can be easily damaged and
infants might not be safely restrained.

An NHTSA spokesman said no infants have been killed or injured
by the defect, but the recall is being enforced to prevent
injuries or accidents from happening.  The company will offer
affected owners a free upgrade kit.  Owners can also go to an
authorized vehicle dealer to have the seat repaired.

Vandalia, Ohio-based Evenflo did not immediately return a
telephone call seeking comment Tuesday, AP reports.  This is the
second Evenflo child seat recall in 16 months.  In April 2002,
the company recalled 28,312 Triumph car seats because of a
defective harness system.

For more information, visit the Company's recall Website:
http://www.cozycarry.com


HOLOCAUST LITIGATION: Ruling Complicates Nazi Victims' Claims
-------------------------------------------------------------
The US Supreme Court recently struck down a California statute
intended to compel insurance companies to publish comprehensive
lists of holders of Nazi-era (1920 to 1945) policies or risk
losing their licenses to operate in the state, Barrons (July
2003) reports.  

The California law was intended to pressure global insurance
companies so that survivors of Nazi atrocities, or their heirs,
could seek recovery of assets confiscated by the German
government during the war.  Resolving such old claims has been
difficult, because no death certificates were issued in
concentration camps and documentation was lost.

The court ruled that the California law interferes with the
federal government's ability to conduct foreign policy;
specifically, an executive agreement between the United States
and the German Foundation, signed by President Clinton in 2000.  
The agreement sets aside $100 million to resolve "valid"
outstanding claims and $175 million for humanitarian purposes.  
That leaves survivors and their relatives to resolve their
claims through the International Commission on Holocaust Era
Insurance Claims (ICHEIC).

The ICHEIC has been criticized for resolving claims too slowly.  
It has processed about $40 million in claim-settlement offers,
the majority of which, said ICHEIC, have been accepted by the
claimants.

The Commission also has published more than 440,000 names of
people with policies, information which can facilitate
processing, as was the goal of the California statute.  However,
the ICHEIC deadline to register for a possible claim is
September 30, a date fast approaching, and many of the
survivors are elderly.

Democratic Representative Henry Waxman of California, has
introduced a bill asking President Bush to change the policy and
require the companies to publish complete lists of policy
policyholders.

A federal class action in New York remains against Assicurazioni
Generali.  Kenneth Bialkin from the law firm Skadden Arps, is
representing the Italian insurer and has moved to have the class
action dismissed.  Mr. Bialkin has noted that Generali already
has paid $100 million to ICHEIC and $40 million to a trust in
Israel.

Meanwhile, survivors and their relatives who think their
families might have had a policy, can register with ICHEIC
online at http://www.icheic.orgor by Phone: (800) 957-3203 in  
the United States.


IDAHO: Bluegrass Growers Suit Stayed, Appeal Reaches High Court
---------------------------------------------------------------
Pocatello, Idaho Judge William Woodland of the Sixth District
has temporarily stayed a major class action against field
burning by the bluegrass growers.  The case, Moon v. North Idaho
Farmers Association, will not proceed until the Idaho Supreme
Court decides whether to hear an appeal by the grass growers of
Judge John Mitchell's recent ruling invalidating part of a new
state law that shields the bluegrass growers from lawsuits, The
Spokesman-Review reports.

Judge Mitchell, a First District judge in Coeur d'Alene,
recently ruled that the "safe harbor" provision of the new state
law HB 391 is invalid as an unconstitutional "taking" of private
property.  HB 391 requires farmers to get burn permits and burn
only on days when wind conditions are right to disperse the
smoke.  The law grants the farmers "safe harbor" from lawsuits
if they burn in accordance with the statute's description of
what constitutes a burn day.  It is a determination of the
constitutionality of the "safe harbor" provision, as decided by
the Supreme Court, which is sought by Judge Woodland.  Judge
Woodland has said that such a determination is central to the
issues in the Moon case.

Judge Woodland recently agreed to take the Moon case when Judge
Mitchell recused himself.  A lawyer representing two third-party
defendants brought into the case by other farmers already sued,
challenged the judge under an Idaho law allowing such a
challenge, without giving a reason.  Judge Mitchell did not
fight the recusal which automatically follows upon such a
challenge, even though there were charges that the bluegrass
growers had "set up" the conditions for such a challenge.

Granting a stay at this point deprives the plaintiffs of the
chance to argue why burning should be halted this year to
protect public health, said plaintiffs' attorney Steve Berman of
Seattle.  Judge Mitchell already has determined that field
burning causes harm to people with breathing problems, Mr.
Berman said.

Field-burning season is scheduled to begin within three weeks,
Idaho officials announced recently.


IFCO SYSTEMS: Faces Suits For Acme Barrel In the United States
--------------------------------------------------------------
IFCO Systems NV, in Amsterdam, has received two lawsuits that
have been filed against IFCO and certain of its subsidiaries in
a state court in Illinois, the Dow Jones International News
reports.

The lawsuits are based upon alleged contaminants discharge,
toxic substances and chemicals from the Acme Barrel industrial
container facility in Chicago, on or before mid-2001.  One of
the lawsuits is a class action by approximately 300 plaintiffs
claiming injury from exposure to the alleged discharges in the
area around the Chicago facility.

The second lawsuit is on behalf of a deceased individual and
also claims injury from exposure to the alleged discharges
during an unspecified period in which the individual worked in a
building across the street from the facility.

Each of the lawsuits names as defendants a number of former
customers of the Acme Barrel facility, as well as the buyer of
the IFCO Systems industrial container services.  The plaintiffs
in each lawsuit seek unspecified damages.

IFCO Systems sold its industrial container service business in
February 2002.  However, within the scope of the sales contract,
a subsidiary of IFCO Systems retained title to the Acme Barrel
facility pending a future sale to the acquirer of the entire
industrial container services.

The Acme Barrel facility ceased operations in December 2002.  
IFCO Systems is in the process of evaluating the claims
represented by these lawsuits.  IFCO Systems believes it has
coverage under an environmental insurance policy with respect to
any claims arising out of the Acme Barrel facility that
ultimately be successful.


ILLINOIS: Apartment Owners Face Suit Over Deadly Porch Collapse
---------------------------------------------------------------
The city of Illinois is filing a lawsuit against the owners of a
three-story apartment building, whose porch collapsed last
weekend and killed 13 people, the Associated Press reports.  The
suit, filed in Housing Court in Chicago, names as defendants:

     (1) LG Properties,

     (2) Philip Pappas, president of LG Properties and

     (3) George Koutroumos, the contractor who built the porch

Fifty people were on a third-floor porch in the building in
affluent Lincoln Park when it fell.  Seven men and six women
died, most of them crushed on the porches below, and at least 57
people were injured.

Police said they do not plan to file criminal charges.  The
State Buildings Department is also inspecting 42 other buildings
owned or managed by Mr. Pappas and LG Properties.

The city sued the defendants for allegedly constructing the deck
without a permit.  The suit also states that the porch was too
big and built with the wrong materials.  The suit further
alleges that the three-story apartment building was illegally
converted from five units to three.

The city seeks a court order requiring immediate replacement of
the porch and $500 a day for each violation, which could total
hundreds of thousands of dollars since the porch was built in
1998.  No one can live in the building until the porches are
replaced because they provided needed exits, Jennifer Hoyle,
spokeswoman for the city Law Department told AP.

Mr. Pappas issued a statement Wednesday saying he and his family
were "heartbroken over the loss and injury of so many fine young
people."  He said that LG Properties was cooperating with the
city and referred questions to attorney Michael Ficaro.  A
message left with Mr. Ficaro's office Wednesday was not
immediately returned, AP reports.


ILLINOIS: Oak Park Mulls Suit Over Damages From Park's Pollution
----------------------------------------------------------------
On and off for two years, Commonwealth Edison Co. and Nicor Gas
have been dealing with the contamination of Barrie Park, a park
located in the community of Oak Park, Illinois, the Chicago
Tribune reports.  The two utilities have been removing coal tar
from the park, the toxic leftovers from a gas plant their
predecessors ran on that site from 1893 to 1928.  

After high benzene readings last year caused an 11-month
interval during which work could not proceed, the project is
more than a year behind schedule, and more than a year away from
Barrie Park again looking like a park.

Attorney Jerry Homsy said that he is ready to file a lawsuit,
seeking class action status, for several neighbors residing in
the neighborhood of Barrie Park.  The residents are claiming
damages from both the contamination as well as from the
utilities' $75 million effort to clean the Barrie Park site.

Because of the cleanup, the lawsuit claims, "residents have been
deprived of the use of their homes; have been made refugees from
their homes; or have been made virtual prisoners."  While other
attempts to bring class actions have failed, Mr. Homsy said he
believes the additional information he has gathered and included
in the lawsuit will prevail.

Some of the "hang-ups" revolving around the remediation cleanup
of contamination from surrounding properties promise to become
problems in any lawsuit filed.  Outside park boundaries, the
utilities have paid for consultants to collect samples around
more than 50 houses, and contamination has turned up at 21
properties so far, according to Tim Lindberg, the ComEd
spokesman.

ComEd has agreed to clean out the polluted properties "to remove
the potential stigma," according to one company fact sheet.  But
so far, only one resident has filed the paperwork needed to
begin, Mr. Lindberg said.

Mistrust prevails over how thoroughly the company would clean.  
Last winter a grass-roots group was formed among the residents
which has been pressing for decontamination in the remediation
cleanup of the properties as deep and extensive as the park
overhaul.

"What we would like to see is a unified standard of cleanup,"
said Cindy Melin, whose family has rented a house blocks from
their Lombard Avenue address in the neighborhood of Barrie Park
while the work advances.  "A nice, good, deep cleanup that
starts with the park and extends through the neighborhood as
well."

ComEd is proposing to dig up a three-foot stratum of
contaminated soil at each property designated as contaminated.  
If no coal tar residue turns up at that level, the utilities
would then fill the hole with clean dirt.

Ms. Melin called that inadequate.  "To have someone tear out all
the trees and shrubbery to take three feet off, that seems a
little silly," she said.

There are other actions in the works that may result in
litigation.  Afraid their properties will be forever
stigmatized, some residents also have been pushing the village
of Oak Park to buy their houses.  Some residents have asked for
an epidemiological study to examine health consequences of
living near Barrie Park.


KMART CORPORATION: Ex-Worker Sues Over Improper 401(k) Oversight
----------------------------------------------------------------
Quincie Rankin, a former worker at a Kmart Corporation store in
Fairfield, Alabama, sued the company's former executives and
directors, including Charles Conaway, its former chief executive
officer, and James Adamson, its former chairman and chief
executive, in connection with the company's 401(k) plan, the
Detroit Free Press reports.  Ms. Rankin is seeking class action
status for the lawsuit on behalf of all Kmart employees who
participated in the 401(k) plan.  US District Court Judge Avern
Cohen is considering her request.

Judge Cohen is also considering a motion by former Kmart Corp.
board members to dismiss Ms. Rankin's lawsuit, which alleges the
former board members and executives failed to properly oversee
the administration of the plan, which was heavily invested in
Kmart stock.  The lawsuit alleges further that the directors
failed to tell the participants in the plan about the company's
true financial condition; in fact, the suit alleges, they misled
the employees about the retailer's financial condition.  Judge
Cohn did not indicate when he would rule on the motion.

Judge Cohn, however, has ordered Glen Connor, who is
representing Ms. Rankin, and who with the Birmingham, Alabama
law firm of Whatley Drake, to elaborate exactly how the board
members and executives had breached their fiduciary duty to the
401(k) plan.  Mr. Connor has said that Kmart's board had a duty
under federal pension law to warn employees who held company
stock that the company was headed for financial collapse.  If
Judge Cohn does not dismiss the case, Mr. Connor would be able
to depose Kmart's executives and former board members to find
out what they might have known about the company's financial
collapse.

Walter Connolly Jr., a lawyer with Foley & Lardner in Detroit,
who represents Mr. Adamson and Kmart's directors, told Judge
Cohn his clients regret that Kmart's employees lost money, but
Mr. Connolly said they did not control how the company handled
its 401(k).  Instead, he said, a five-person panel of Kmart
executives, called the Employee Benefit Plans Investment
Committee, oversaw the plan.

Kmart Corporation sought the protection of the US Bankruptcy
Law's Chapter 11, on January 22, 2002.  When the company emerged
from Chapter 11, nearly 16 months later after closing 600 stores
and shedding 67,000 workers, the company next canceled its
existing stock, rendering its shares worthless.


KRAFT FOODS: To Commence Nationwide Campaign To Against Obesity
---------------------------------------------------------------
Kraft Foods, Inc. is taking steps to help fight obesity, by
placing a limit on portion sizes and eliminating in-school
marketing, the Associated Press reports.  The Company said it
will:

     (1) halt in-school marketing;

     (2) use locally appropriate criteria to determine what
         products to stock in school vending machines;

     (3) encourage children to develop better eating and
         activity habits;

     (4) provide nutrition labeling worldwide;

     (5) advocate public policies to improve fitness and
         nutrition in schools and communities; and

     (6) increase public dialogue

The Company produces food items such as Kraft cheese, Nabisco
cookies and crackers, Oscar Mayer meats and Post cereals.  
Recently several fast-food chains, including McDonalds, were
charged in class actions for allegedly causing obesity in
teenagers.

The Company told AP it is forming an expert advisory council to
draft standards and measures it can use to promote health.  The
council will also recommend improved nutritional content of
products and provide alternative products where appropriate.

"What people eat is ultimately a matter of personal choice, but
we can help make it an educated choice," Roger Deromedi, co-CEO
at Kraft told AP.  "And helping them get more active is every
bit as important as helping them eat better."


MERCK & COMPANY: Faces Suit Over Vioxx's Dangerous Side Effects
---------------------------------------------------------------
Merck & Company faces a lawsuit filed by a California woman,
alleging that she suffered dangerous, severe and life
threatening side effects after taking the company's arthritis
painkiller, Vioxx, Reuters reports.

Plaintiff Carolyn Baker filed the suit in Los Angeles Superior
Court in California, alleging that she encountered various side
effects and is at risk for conditions such as "edema, changes in
blood pressure, cardiovascular events, cerebrovascular events
and death."  Ms. Baker seeks unspecified damages and
compensation to enable her "to treat and monitor these side
effects" caused by the drug.

The suit charges the Company for downplaying the results of a
2000 study linking Vioxx and drugs of its class, called COX-2
inhibitors, to "several severe and life threatening medical
disorders" similar to the ones she experienced.  The lawsuit
also names distributors McKesson Corporation and Bergen Brunswig
Corporation as co-defendants.

A Merck spokesman said on Wednesday that the drug is safe,
Reuters reports.  "Merck stands behind the efficacy and safety
profiles of Vioxx and will vigorously defend the lawsuit," Chris
Loder, Merck spokesman, said.  "Merck considers patient safety
to be of the utmost importance."


MONTANA: North Havre Residents Settle Suit Over Diesel Fuel Leak
----------------------------------------------------------------
The Burlington Northern Santa Fe Railway settled the class
action that some 80 North Havre, Montana residents filed decades
ago over diesel fuel that leaked from the neighboring railroad
yard, the Associated Press Newswires reports.  The terms of the
settlement, filed in federal court, in Great Falls, are
confidential.

The North Havre residents' lawsuit sought damages for medical
monitoring, cleanup, loss of property value and emotional
distress, among other things.  They hired an environmental firm
in 2001 to investigate the leak and its environmental
consequences in the surrounding area.

An expert witness for the plaintiffs said their well water is
unfit to drink or bathe in and recommended they be plumbed into
a public water system, according to court documents.

"We have worked with the state on the Havre cleanup situation,
and we will continue to work with the state regarding BNSF's
responsibility on this matter," said spokesman Gus Melonas from
Seattle.

Tests have shown that as much as 1.2 million gallons of diesel
fuel leaked or spilled at the Havre rail yard along U.S. 2,
between the 1940s and the 1970s.  The fuel seeped into the
groundwater and washed benzene, toluene and other cancer-causing
toxins under the community of North Havre, an unincorporated
cluster of small homes and trailers between the rail yard and
the Milk River.  Contamination also escaped from two lagoons
filled with chemicals, located in the railroad's diesel engine
repair shop, according to environmental reports supplied to the
state.

Since 1985, the railroad has spent millions of dollars
investigating the contamination, most of which occurred prior to
the era of strict environmental laws.  The railroad submitted a
work plan, the result of its investigatory work, to the state's
Department of Environmental Quality last fall that recommended
the injection of sodium lactate into the shallow water table.  

Sodium lactate is an organic carbon source that would encourage
microorganisms to break down and eat some of the contaminants
faster than they would break down naturally.  However, the plan
needs more study, said Kate Fry, project officer with the DEQ,
in Helena.


NISSAN MOTOR: Readies To Provide Minorities With No-Markup Loans
----------------------------------------------------------------
Nissan Motor Acceptance Corporation will be providing a number
of minorities with loans that have no dealer markups under a
$7.6 million settlement recently reached with black and Hispanic
consumers.  The company also will pay to educate consumers about
lending, Newsday reports.  

The class action which brought about this settlement is only the
first in a series of similar class actions being planned.  
Stuart Rossman, an attorney who represented the plaintiffs, says
the Nissan case is the first in a series of lawsuits pending
against the finance arms of auto companies which will charge
them with discriminatory lending practices.  Mr. Rossman said a
lawsuit against General Motors Acceptance Corporation is
scheduled for trial in February 2004.

"We believe (such) settlements are a first step in reforming a
practice in the industry that we believe is detrimental to the
best interest of consumers," said Mr. Rossman; "we will continue
to pursue the other major players in the field."  

Mr. Rossman is an attorney for the National Consumer Law Center.

The class action against Nissan was filed in 1998 in the United
States District Court in Nashville, Tennessee.  It alleged that
Nissan violated federal laws by charging black and Hispanic
customers higher interest rates on auto loans than it charged
white customers.

According to the law center, the settlement calls for Nissan to:

     (1) send 135,000 offers of no-markup loans on new and used
         vehicles to creditworthy black and Hispanic customers
         and potential customers each year for five years.  The
         loans cannot be marked up by the dealers and will save
         the designated customers at least $750;

     (2) cap its dealer markup on all other consumer loans at
         three percentage points for new vehicles and two
         percentage points for used vehicles; and

     (3) donate $1 million in grants in the next five years to
         national and minority consumer education programs.

Among the groups receiving funds will be the Consumer Federation
of America's America Saves program and the Rainbow Coalition's
Rainbow/Push 100 Churches Connected program.   The first payment
of $200,000 has been sent to America Saves, said Nissan
spokesman Kyle Bazemore.


SIX FLAGS: Sues Insurer Over Refusal To Pay Lawsuit Settlement
--------------------------------------------------------------
Amusement park operator Six Flags Inc. has sued its insurance
company, alleging that Pacific Employers Insurance Co. is
refusing to pay for the possible settlement and legal costs
related to a pending class action, The Daily Oklahoman reports.  
The lawsuit alleges that the security personnel of Six Flags'
Magic Mountain Park discriminated against minority visitors.

Six Flags, which is based in Oklahoma, is the named defendant in
the 2001 class action, filed in the California Superior Court
for Los Angeles County.  The lawsuit has been stayed as the
parties have entered into mediation.

Six Flags has said it is close to reaching a settlement, but
needs reassurance from Pacific that its insurance coverage will
pick up some of the possible settlement costs.   The insurance
lawsuit, filed recently in Oklahoma County District Court,
claims that the Six Flags insurance policy with Pacific covers
up to $8 million in settlement claims and defense costs.  The
Six Flags lawsuit accuses Pacific of breach of contract and says
Pacific benefited financially from Six Flags' efforts to defend
the class action.

"Six Flags previously has advised Pacific that if the Armendarez
action was not settled, the stay lifted and proceeding resumed,
Six Flags likely would be exposed to costs, fees and/or damages
liability well in excess of the policy limits," the lawsuit
against Pacific states.

"It's really routine insurance coverage litigation that happens
all the time," said John Hermes with the Oklahoma City firm of
McAfee & Taft.  "The insurance company ultimately decided that
in their view there was not coverage, which is why the lawsuit
was filed."


TELECOMMUNICATIONS FIRMS: Must Explain Fees Clearly Under Pact
--------------------------------------------------------------
Sprint Corporation and Nextel Corporation will be obligated to
explain extra fees clearly under a settlement that was recently
announced by Missouri Attorney General Jay Nixon, who had sued
the cell phone companies on behalf of their customers, late last
year, for representing surcharges, such as a fee to cover the
cost of upgrading emergency 911 systems, as a tax imposed by
government, The Kansas City Star reports.

Mr. Nixon called the practice engaged in by Sprint and Nextel
deceptive, because it led customers to believe non-mandated fees
were required by the government, when in reality they were just
another cost of doing business, which the telephone were passing
along to their customers.

The settlement requires Sprint and Nextel to make clearer
disclosures about the fees in advertising and in billing
statements.  The companies also will pay $50,000 each into the
Missouri Merchandising Practices Revolving Fund, which pays for
consumer education and protection projects.

In a statement, Attorney General Nixon called the settlement "a
significant victory."  "These agreements with Nextel and Sprint
will help clarify the bottom line for consumers when comparing
plans," the statement said.

Sprint and Nextel downplayed the changes they will have to make
in explanations about fees charged; they called these changes
"minor."  The settlement "validates and upholds our longstanding
practice of making billing information simple and clear for
phone customers," Sprint said in a statement.

However, Scott Holste, spokesman for the attorney general, said
Sprint and Nextel were singled out in the lawsuit because of
concerns about how they represented the charges to customers.

With the lawsuit settled, Sprint and Nextel still face more than
a dozen class actions concerning the fees.  Florida customer
Kathy Flaherty filed a class action alleging that Sprint engaged
in "false, misleading and deceptive" practices.

Matt Clement, a Jefferson City lawyer, is involved in three
similar class actions against Sprint, Nextel and Alltel
Corporation.  Mr. Clement said the lawsuits had been removed to
federal court and referred to the Judicial Panel on Multi-
district Litigation.  The panel will decide whether the similar
lawsuits filed throughout the country should be consolidated and
handled as one case.

Mr. Clement said his clients want the issue handled in state
court.  "As we see it, it's a state law issue," added Mr.
Clement.


TOBACCO LITIGATION: Court Nullifies $15M Damage Award To Smoker
---------------------------------------------------------------
United States District Judge James Moody granted Brown &
Williamson Tobacco Co.'s request asking him to nullify punitive
damages awarded in May for the death of Mary Jane Boerner, the
Associated Press reports.  The decision nullified the $15
million in punitive damages awarded to Ms. Boerner's family.

Henry Boerner and Mary Jane Boerner initially filed the suit in
June 1998.  Ms. Boerner died in 1999, and Henry Boerner and the
couple's son, Gary, refiled the suit.

The company argued that it was only liable only for compensatory
damages since it had simply acquired American Tobacco Co., which
made the Lucky Strike and Pall Mall brands that Ms. Boerner
smoked, AP stated.

Judge Moody agreed with the Company's argument.  He, however,
upheld the compensatory damages award of $4.25 million.


UNITED KINGDOM: Kenyan Women Allege Rapes By British Soldiers
-------------------------------------------------------------
In Dol Dol, Kenya, Maasai women dressed in traditional beads
waited patiently at an office in this town to relate their
allegations of rape against British troops, the Associated Press
Newswires reports.

It has been 19 years, for example, since Nayook Ole Mosiany, 38,
was dragged into a thicket by three British soldiers who
attacked her while she was tending her family's cattle near Dol
Dol, 155 miles north of Nairobi, according to her allegations.

Discussing rape is a taboo in Kenya, and many of the women said
their husbands ostracized them after the alleged rapes.  Single
women raped in Kenya have little prospect of getting married.  
The rape allegations began to surface as the women's British
lawyer, Martyn Day, investigated claims that unexploded
ordinance left behind by British troopswho had trained at ranges
near Dol Dol had killed and maimed scores of nomadic herdsmen.   
Last July, Britain agreed to pay $7.4 million to 233 of those
victims.

Mr. Day acknowledged that following the success of the
munitions' case, which turned more than 100 impoverished
herdsmen into millionaires in Kenyan terms, there could be bogus
rape complainants.  Mr. Day is convinced there is a case against
the British troops.

Some 650 women from the Maasau and Samburu tribes have come
forward to allege they were raped between 1972 and 2002, and to
join a class action.  Many more are expected to follow.

"In the end, the central issue is this, were there a significant
number of women raped by the British soldiers?  And the answer
is almost certainly 'yes,' said Mr. Day from London.  Mr. Day
said he has evidence for at least 100 cases, such as police and
medical reports, and he plans to seek compensation of between
$33,200 to $49,800 for each alleged victim.  Mr. Day said that
around 40 of the women have mixed race children.  Women with
such children are usually forced to leave their community.

Recently, a number of Kenyan women filled out questionnaires at
the office of a Kenyan human rights organization, called Impact,
which is helping the London-based law firm of Leigh, Day and Co.
collect evidence about the claims.


WAL-MART STORES: To Include Gays, Lesbians in Anti-Bias Policy
--------------------------------------------------------------
Wal-Mart Stores, Inc. has decided that it will include gays and
lesbians among groups protected by its anti-discrimination
policy last week, the Associated Press reports.  

Seattle-based advocacy group Pride Foundation, which has been
working for more than two years to persuade the company not to
discriminate on the basis of sexual orientation, welcomed the
change, saying they were surprised that victory came so easily.  
The foundation was prepared to work longer before the change
would occur.

"We assumed we would be working on Wal-Mart for quite a while,"
Zan McColloch-Lussier, campaign director for Pride Foundation
told AP.  "We are quite proud that we did not need to do that."

Company spokesman Tom Williams told AP that the change resulted
in part from external pressure but also from Wal-Mart workers,
who have long urged the company to make the change.  

"It's the right thing to do," he said.  "The issue was that
everyone feel valued and treated with respect . No exceptions at
all."

Pride Foundation, Trillium Asset Management and Walden Asset
Management were the groups who worked hard on the Wal-Mart
campaign.  The groups are members of the Equality Project, a New
York-based coalition of funds, investors and others that seek to
change corporate policy with the voice that comes from being a
shareholder - even a small one, AP reports.

The groups are thinking which company to focus on next.  Shelly
Alpern, an assistant vice president at Trillium told AP that
with Wal-Mart's conversion, nine of the top 10 Fortune 500
companies expressly include sexual orientation in their anti-
discrimination policies.  

Exxon Mobil Corporation, however, has stood firm against their
requests.  It issued a statement saying it did not plan to add
the language and believes its "intentionally broad" policy
clearly bars discrimination on any basis, including sexual
orientation, AP states.  In May, shareholders of the oil giant
defeated a resolution to ban discrimination against homosexuals.


WORLDCOM INC.: Offers Ex-Shareholders $250M In SEC Settlement
-------------------------------------------------------------
Telecommunications firm WorldCom, Inc. offered former
shareholders $250 million more under a revised agreement
proposed by the Company to settle SEC civil fraud charges filed
over the accounting scandal that struck the Company last year,
the Associated Press reports.

The Company faces allegations of filing false and misleading
financial statements to hide expenses and inflate earnings.  In
July 2002, it filed for bankruptcy after investigators
discovered accounting irregularities that have soared to $11
billion.  In May 2003, the Company agreed to settle the charges
by paying $500 million to shareholders who lost money because of
the accounting fraud.

Last week, the Company filed a new proposal in New York federal
courts, stating it would give its former shareholders $250
million in the newly reorganized company, on top of the $500
million cash the Securities and Exchange Commission suggested in
an initial settlement.  The proposal has to be approved by the
court.

WorldCom would issue the shares after the company's new stock is
trading.  The shares would allow fraud victims "to share in the
potential upside of owning WorldCom common stock when it emerges
from bankruptcy," the SEC said in a statement, AP states.

However, critics harshly denounced the settlement as inadequate.
Competitors have called for the company to be liquidated as a
way of relinquishing gains they contend were made fraudulently.  
A spokesman for Verizon Communications Inc., Peter Thonis, told
AP that the new stock "doesn't change a thing."  The rival
companies also claim that WorldCom is poised to emerge from
bankruptcy at a severe competitive advantage.

"This company really shouldn't even be in Chapter 11," Mr.
Thonis said.  Representatives of Texas-based SBC Communications
Inc. did not return calls seeking comment.


                     New Securities Fraud Cases

ADMINISTAFF INC.: Marc Henzel Lodges Securities Suit in S.D. TX
---------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class
action in the United States District Court for the Southern
District of Texas, Houston Division, on behalf of purchasers of
Administaff, Inc. (NYSE: ASF) publicly traded securities during
the period between April 3, 2001 to July 31, 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, by issuing a series of material
misrepresentations to the market between April 3, 2001 and July
31, 2002, thereby artificially inflating the price of
Administaff securities.

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

     (1) that Administaff had inadequate and deficient pricing
         and billing systems and was incorrectly calibrating
         pricing for clients that experienced declines in
         average payroll cost per worksite employee;

     (2) that Administaff was incorrectly matching the price and
         cost for health insurance on new and renewing client
         contracts; and

     (3) that, in violation of Generally Accepted Accounting
         Practices and in order to retain its coveted place on
         the Fortune 500 listing, Administaff was improperly
         recognizing revenue by failing to net Administaff's
         worksite employee payroll costs against revenues.

On August 1, 2002, before the open of trading, Administaff
shocked the investing public when it released its financial and
operational results for the second quarter ended June 30, 2002,
reporting "a net loss and diluted net loss per share of $3.2
million and $0.11" as compared to Thomson Financial/First Call
estimates of $0.04 earnings per share.

Market reaction was swift and negative, with Administaff stock
falling from a close of $7.50 on July 31, 2002 to a close of
$4.20 on August 1, 2002, or a single-day decline of 44% in heavy
trading

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


CREE INC.: Schatz & Nobel Commences Securities Suit in M.D. NC
--------------------------------------------------------------
Schatz & Nobel PC initiated a securities class action in the
United States District Court for the Middle District of North
Carolina on behalf of all persons who purchased the common stock
of Cree, Inc. (CREE) between August 19, 1998 and June 13, 2003,
inclusive.

The complaint alleges that Cree and certain of its officers and
directors issued materially false and misleading statements
about Cree's business during the class period.  Specifically,
the Complaint alleges defendants manipulated Cree's financial
results using transactions between Cree and an affiliated
company C3, Inc.

Details of the improper transactions are contained in a
complaint filed by the brother of the Chairman of Cree's Board
of Directors.  When these facts were made public on June 13,
2003, the market price of Cree's common stock fell over 18% in
one day.

For more details, contact Wayne T. Boulton by Phone:
(800) 797-5499 by E-mail: sn06106@aol.com or visit the firm's
Website: http://www.snlaw.net


GUIDANT CORPORATION: Schatz & Nobel Lodges Securities Suit in IN
----------------------------------------------------------------
Schatz & Nobel PC initiated a securities class action in the
United States District Court for the Southern District of
Indiana on behalf of all persons who purchased Guidant
securities (GDT) between September 28, 1999 and June 12, 2003,
inclusive.

The complaint alleges defendants misled the investing public as
to the safety, reliability, marketability and financial impact
of Ancure, a device Guidant's subsidiary EndoVascular
Technologies (EVT) developed and marketed for the treatment of
abdominal aortic aneurysms.

The complaint alleges Guidant misled the investing public as to
the potential civil and criminal liability the Company may incur
as a result of product liability lawsuits and government
prosecution relating to Ancure.  On June 12, 2003, EVT entered
into a settlement agreement with the US Department of Justice
relating to problems with Ancure.  

Under the terms of the agreement, EVT agreed to pay $94.4
million and to plead guilty to 10 felony counts.  Prior to the
disclosure of this adverse information, the individual
defendants and other Guidant insiders sold more than $26.4
million of their personally-held shares of Guidant stock to the
unsuspecting public.

For more details, contact Wayne T. Boulton by Phone:
(800) 797-5499 by E-mail: sn06106@aol.com or visit the firm's
Website: http://www.snlaw.net


INTERMUNE INC.: Marc Henzel Lodges Securities Lawsuit in N.D. CA
----------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class
action in the United States District Court for the Northern
District of California, on behalf of all purchasers of the
securities of InterMune, Inc. (NASDAQ: ITMN) during the period
January 6, 2003 to June 11, 2003, inclusive.  

The suit charges that the Company and the Company's CEO, W.
Scott Harkonen, violated Section 10(b) and 20(a) of the
Securities Exchange Act of 1934 by making false and misleading
statements about one of the its leading products, Actimmune.

Specifically, the complaint alleges that defendants were aware
that demand for Actimmune was declining because:

     (1) the most recent clinical study showed that Actimmune
         was not effective in the treatment of certain pulmonary
         diseases;

     (2) Actimmune inventory levels were increasing, and

     (3) doctor demand was falling due, in part, to the
         Company's decision to curtail physician education, the
         lifeblood of InterMune's off-label sales of Actimmune.

However, despite this knowledge, the Company falsely stated
during the class period that it was on course to meet projected
revenue figures, which had not been previously reduced to
reflect lowered demand for the drug.

On June 11, 2003, the Company announced that it was cutting its
2003 revenue guidance figures and slashing projected earnings
from Actimmune.  The Company also announced it had overstated
the number of patients using Actimmune and that, contrary to its
earlier representations, demand for Actimmune from physicians
was flat.  These disclosures sent the Company's stock price
plummeting to $16.74, a 33% one-day fall.

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


ORTHODONTIC CENTERS: Marc Henzel Commences Securities Suit in LA
----------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class
action in the United States District Court for the Eastern
District of Louisiana on behalf of purchasers of the securities
of Orthodontic Centers of America, Inc. (NYSE: OCA) between
November 14, 2002 and March 18, 2003 inclusive, who have been
damaged thereby.  The action, is pending against the Company
and:

     (1) Bartholomew Palmisano, Sr. (President and CEO),

     (2) Bartholomew Palmisano, Jr. (COO) and

     (3) Thomas Sandeman (CFO)

The complaint alleges that defendants violated Sections 10(b)
and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5
promulgated thereunder, by issuing a series of materially false
and misleading statements to the market between November 14,
2002 and March 18, 2003.

Specifically, the complaint alleges that OCA was at all relevant
times a provider of integrated business services to orthodontic
and pediatric dental practices.  In May 2001, OCA announced that
it had entered into a definitive merger agreement whereby a
wholly owned subsidiary of OCA would merge into OrthAlliance in
a stock-for-stock transaction, with OrthAlliance becoming a
wholly owned subsidiary of OCA.

Following the May 2001 announcement, a number of OrthAlliance's
affiliated practices filed lawsuits against OrthAlliance and/or
notified OrthAlliance that it was in default under their
service, management service, and consulting agreements and that
these practices had stopped paying their service fees.

At all relevant times, the Company stated that it had
anticipated such lawsuits and that the integration of
OrthAlliance and OCA was not only going as planned but also
"very very well."

The complaint further alleges that the statements disseminated
by defendants during the Class Period and with respect to the
financial well-being of the Company were each materially false
and misleading because:

     (1) the integration of OrthAlliance practices was not going   
         "very very well" but on the contrary, it was going very
         poorly and, consequently, the Company's actual revenue
         and earnings were decreasing;

     (2) not only had some OrthAlliance practices sued but other
         OrthAlliance practices had discontinued paying their
         services fees;

     (3) the Company continued to recognize revenue from
         OrthAlliance practices that were in litigation and from
         those that had stopped paying their service fees and
         was thereby violating Generally Accepted Accounting
         Principles (GAAP); and

     (4) the defendants were actively concealing these facts in
         order to manipulate the Company's earnings outlook and
         thereby maintain its favorable stock prices.

The complaint further alleges that on March 18, 2003 the Company
announced its financial results for the fourth quarter ended
December 31, 2002.  The Company reported fourth quarter earnings
of $0.17 per share, compared to fourth quarter 2001 earnings of
$0.34 per share, on fee revenue of $102.1 million compared to
fourth quarter fee 2001 revenue of $104.4 million.

The Company attributed the decline in revenue and earnings to
"26 OrthAlliance affiliated practices that paid service fees in
the fourth quarter of 2001 and stopped paying service fees
during the third and fourth quarters of 2002."  On this news,
OCA's share price dropped 41% from a closing price of $9.57 on
March 18, 2003 to a closing price of $5.64 on March 19, 2003.

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


POLYMEDICA CORPORATION: Wolf Haldenstein Files Stock Suit in MA
---------------------------------------------------------------
Wolf Haldenstein Adler Freeman & Herz LLP initiated a securities
class action in the United States District Court for the
District of Massachusetts, on behalf of all persons who
purchased or otherwise acquired the securities of PolyMedica
(PLMD) between July 23, 2001 and June 30, 2003, inclusive,
against PolyMedica and certain officers of the Company.

The complaint alleges that throughout the class period,
defendants issued statements, press releases, and filed
quarterly and annual reports with the SEC describing the
Company's business operations and financial condition.  These
representations were materially false and misleading because
they failed to disclose that throughout the class period, the
Company had materially misstated its operating earnings.

Specifically, during the relevant time period, it has been
reported that PolyMedica overstated earnings by capitalizing
direct response advertising costs related to the acquisition of
new customers rather than expensing them as incurred.

Consequently, PolyMedica recorded such advertising costs as
assets rather than as expenses.  By accounting for these
expenses as assets, PolyMedica could spread the cost over a two
to four year period rather than accounting for the expense in
the quarter in which they were incurred.  This allowed
PolyMedica to understate operating expenses, overstate assets,
and create a false impression of operating efficiencies with the
overall effect being that the Company misled investors
concerning the Company's growth and earnings.  This contrivance
violates Generally Accepted Accounting Principles and the SEC
has closely scrutinized this practice.

On June 30, 2003, after the stock market closed, PolyMedica
issued a press release announcing that as a result of
discussions with the SEC regarding the expensing of the
Company's direct response advertising costs, PolyMedica may be
forced to restate results for the fiscal years 2002 and 2003.  
The Company said the restatement would reduce its fiscal 2002
earnings to $1.76 from $2.38 per share, a reduction of 26%, its
fiscal 2003 to $2.61 from $3.21, a reduction of 19%, and fiscal
2004 first quarter earnings expectations to $.66- .72 from $.84-
.90. On this news, shares of PolyMedica, which had closed at
$45.86 on June 30, 2003, opened for trading on July 1, 2003, at
$38.56, down $7.30, or 15.9%. PolyMedica shares closed later
that day at $37.39 per share for a loss of $8.47 per share, or
18.5%.

For more details, contact Fred Taylor Isquith, Gregory Nespole,
Christopher Hinton, 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 PolyMedica.


POLYMEDICA CORPORATION: Marc Henzel Lodges Securities Suit in MA
----------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class
action in the United States District Court for the District of
Massachusetts, on behalf of all persons who purchased or
otherwise acquired the securities of PolyMedica (Nasdaq: PLMD)
between July 23, 2001 and June 30, 2003, inclusive, against the
Company and certain officers of the Company.

The complaint alleges that throughout the class period,
defendants issued statements, press releases, and filed
quarterly and annual reports with the SEC describing the
Company's business operations and financial condition.

These representations were materially false and misleading
because they failed to disclose that throughout the class
period, the Company had materially misstated its operating
earnings.

Specifically, during the relevant time period, it has been
reported that PolyMedica overstated earnings by capitalizing
direct response advertising costs related to the acquisition of
new customers rather than expensing them as incurred.  
Consequently, PolyMedica recorded such advertising costs as
assets rather than as expenses.  By accounting for these
expenses as assets, PolyMedica could spread the cost over a two
to four year period rather than accounting for the expense in
the quarter in which they were incurred.  

This allowed PolyMedica to understate operating expenses,
overstate assets, and create a false impression of operating
efficiencies with the overall effect being that the Company
misled investors concerning the Company's growth and earnings.  
This contrivance violates Generally Accepted Accounting
Principles and the SEC has closely scrutinized this practice.

On June 30, 2003, after the stock market closed, PolyMedica
issued a press release announcing that as a result of
discussions with the SEC regarding the expensing of the
Company's direct response advertising costs, PolyMedica may be
forced to restate results for the fiscal years 2002 and 2003.

The Company said the restatement would reduce its fiscal 2002
earnings to $1.76 from $2.38 per share, a reduction of 26%, its
fiscal 2003 to $2.61 from $3.21, a reduction of 19%, and fiscal
2004 first quarter earnings expectations to $.66- .72 from $.84-
.90.  On this news, shares of PolyMedica, which had closed at
$45.86 on June 30, 2003, opened for trading on July 1, 2003, at
$38.56, down $7.30, or 15.9%.  PolyMedica shares closed later
that day at $37.39 per share for a loss of $8.47 per share, or
18.5%.

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


RECOTON CORPORATION: Marc Henzel Lodges Securities Lawsuit in FL
----------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class
action in the United States District Court for the Middle
District of Florida, on behalf of purchasers of the securities
of Recoton Corporation (NasdaqNM:RCOTQ) between November 15,
1999 through August 19, 2002, inclusive who have been damaged
thereby.  The action, is pending against:

     (1) Arnold Kezsbom,

     (2) Robert L. Borchardt,

     (3) Stuart Mont, and

     (4) Tracy Clark

The complaint alleges that defendants violated Sections 10(b)
and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5
promulgated thereunder, by issuing a series of material
misrepresentations to the market between November 15, 1999 and
August 19, 2002, thereby artificially inflating the price of
Recoton securities.

During the class period, the Company issued statements that
failed to disclose the following adverse facts, among others:

     (i) that a "strategic plan," which was required by its
         creditors, was not implemented to improve efficiencies,
         increase future profitability, improve cash flow, and
         increase return on assets;

    (ii) that company executives received bonuses prior to
         meeting corporate financial goals contrary to the
         Company's statements that Recoton was moving to a more
         "incentive-based method of compensation";

   (iii) that the Company's reported financial results that were
         in violation of generally accepted accounting
         principles (GAAP) because of material inventory
         overstatements, and improper revenue recognition
         tactics.

On August 19, 2002, the Company revealed that it had granted
additional price concessions to customers "on products
previously purchased."  On news of this, shares of Recoton stock
fell 15% to close at $1.76 per share, a far cry from the Class
Period high of over $20 per share.

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


REGENERON PHARMACEUTICALS: Marc Henzel Launches Stock Suit in NY
----------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class
action in the United States District Court for the Southern
District of New York, on behalf of purchasers of the securities
of Regeneron Pharmaceuticals, Inc. (Nasdaq: REGN) between March
28, 2000 and March 30, 2003, inclusive, and who suffered damages
thereby.  The action, is pending against the Company and:

     (1) Leonard S. Schleifer (President and CEO),

     (2) George D. Yancopoulos (Chief Scientific Officer),

     (3) Hans-Peter Guler (VP of Clinical Studies),

     (4) Neil Stahl (VP) and

     (5) Murray A. Goldberg (CFO)

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 March 28, 2000
and March 30, 2003.

Regeneron is a biopharmaceutical company that discovers,
develops and intends to commercialize therapeutic drugs for the
treatment of serious medical conditions.  During the class
period, Regeneron initiated Phase II clinical trials for its
diet drug AXOKINE for use in obese patients.

The complaint alleges that the defendants claimed that AXOKINE
would help patients lose weight better than a placebo over a
year.  However, more than two-thirds of the 1,467 patients on
the medicine in the clinical trials developed antibodies to it
after three months, which made the medicine less effective.  
Patients taking AXOKINE, including those who developed
antibodies, lost an average 6.2 pounds, compared with 2.6 pounds
for those on a placebo, which the Company admits is similar to
results dieters get with already available pills.  Before
results were released, defendants had led the public to believe
that AXOKINE would have more than $500 million in annual sales.

On March 31, 2003, Regeneron admitted AXOKINE lost effectiveness
in about 70% of patients in a study.  On this news, the
biotechnology company's shares plunged 57%, a market cap loss of
more than $500 million.  However, even defendants' admission was
false, as, in fact, defendants manipulated the results of the
study. In truth, 73.5% of the patients developed antibodies to
the drug.

As a result of the defendants' false statements, Regeneron's
stock price traded at inflated levels during the class period,
increasing to as high as $40 on December 18, 2000, whereby the
Company and its top officers and directors sold more than $430
million worth of their own securities.

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


SARA LEE: Marc Henzel Launches Securities Fraud Suit in N.D. IL
---------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class
action in the United States District Court for the Northern
District of Illinois on behalf of purchasers of Sara Lee
Corporation (NYSE: SLE) publicly traded securities during the
period between August 1, 2002 to April 24, 2003, 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, by issuing a series of material
misrepresentations to the market between August 1, 2002 and
April 24, 2003, thereby artificially inflating the price of Sara
Lee securities.

The complaint alleges that defendants issued a series of
materially false and misleading statements concerning the
Company's operations and prospects.  In particular, the
Complaint alleges that the statements were materially false and
misleading because they failed to disclose:

     (1) that, despite the Company Reshaping program, the
         Company was still burdened with numerous poorly
         performing businesses and would have to reevaluate its
         various businesses.  Accordingly, Sara Lee did not have
         "the right mix of businesses" in that several material
         businesses were "not growing" or were "in significant
         decline;"

     (2) that the Company's underperforming businesses were
         causing the Company to experience declining results
         and, as a result, the Company would not be growing at
         the rates represented to the market;

     (3) due to a lack of proper internal or financial controls,
         Sara Lee failed to identify or recognize those
         businesses or brands among its portfolio of companies
         that would need to be "run dramatically differently in
         the future;" and

     (4) based on the foregoing, Sara Lee lacked any reasonable
         basis upon which to project it would experience
         "double-digit operating income increase" for fiscal
         2003 among its "five lines of business" or have diluted
         EPS for fiscal 2003 in the range of $1.54 to $1.60.

On April 24, 2003, Sara Lee shocked the public when it issued a
press release announcing its financial results for the third
quarter, the period ending March 31, 2003.  The Company
announced that it was reducing earnings for fiscal 2003 to $1.50
to $1.52 per share, significantly below consensus expectations
of $1.59.

In response to this announcement, the price of Sara Lee common
stock dropped by 10%.  During the class period, Sara Lee
insiders sold more than $23 million of their personally-held
Sara Lee common stock to the unsuspecting public.

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


SINGING MACHINE: Cauley Geller Lodges Securities Suit in S.D. FL
----------------------------------------------------------------
Cauley Geller Bowman & Rudman, LLP initiated a securities class
action in the United States District Court for the Southern
District of Florida on behalf of purchasers of The Singing
Machine, Inc. (SMD) common stock during the period between
August 9, 2001 and June 27, 2003, 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, by issuing a series of material
misrepresentations to the market between August 9, 2001 and June
27, 2003, thereby artificially inflating the price of The
Singing Machine common stock.

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

     (1) that the Company had materially overstated its net
         income in violation of Generally Accepted Accounting
         Principles (GAAP);

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

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

    (4) that the Company avoided taking sufficient changes to
        earnings in 2001 and 2002 to account for income tax
        liabilities; and

    (5) that as a result, the Company's financial results were
        materially overstated at all relevant times.

On June 27, 2003, the Company announced that it would restate
its fiscal 2002 financial statements and possibly fiscal 2001
financial statements to increase the accrual for income taxes.  
Moreover, the Company stated that the restatement will have the
effect of reducing net income for fiscal 2002 and possibly
fiscal 2001.  News of The Singing Machine's restatement shocked
the market.  Shares of The Singing Machine fell 33%, or $1.80
per share, to close at $3.60 per share on June 27, 2003.

For more details, contact Samuel H. Rudman, David A. Rosenfeld,
Jackie Addison, Heather Gann or Candace Randle by Mail: P.O. Box
25438, Little Rock, AR 72221-5438 by Phone: 1-888-551-9944 by
Fax: 1-501-312-8505 or by E-mail: info@cauleygeller.com


TYCO INTERNATIONAL: Marc Henzel Files Securities Suit in S.D. FL
----------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class
action in the United States District Court for the Southern
District of Florida, West Palm Beach Division, on behalf of all
persons who purchased or acquired Tyco International, Ltd.
(NYSE: TYC) securities between December 30, 2002 to March 12,
2003, inclusive.
The complaint charges Tyco with a violation of Sections 10(b)
and Rule 10b-5 promulgated thereunder and Section 20(a) of The
Exchange Act.  Specifically, the complaint alleges that
Defendants failed to disclose and/or misrepresented the
following material adverse facts, among others:

     (1) that the Company, for as long a period as six years had
         overstated its income by between $265 million and $325
         million by improperly understating its bad debts and
         its inventory reserves for obsolete product and by
         improperly amortizing assets in its ADT business
         segment, in violation of Generally Accepted Accounting
         Principles (GAAP);

     (2) that the senior management team in charge of the ADT
         business segment were honest and capable business
         managers when, in fact, they were not capable of
         running the crucial ADT business segment in an honest
         manner;

     (3) that the Company's reported quarterly growth rate was
         illusory, based in material respects on the improper
         accounting treatment of its ADT business segment, and
         that material problems with its accounting and reported
         financial results continued to plague the Company after
         the actions disclosed by Defendants in the aftermath of
         the Boies Investigation; and

     (4) that Defendants had no reasonable basis in fact for
         their statements to the market that Tyco would earn
         between $1.50 and $1.75 per share for fiscal year 2003,
         in light of the overstatement of Tyco's income
         primarily as a result of the violations of GAAP in its
         ADT business segment.

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


                        *********

A list of Meetings, Conferences and Seminars appears in each
Wednesday's edition of the Class Action Reporter. Submissions
via e-mail to carconf@beard.com are encouraged.

Each Friday's edition of the CAR includes a section featuring
news on asbestos-related litigation and profiles of target
asbestos defendants that, according to independent researches,
collectively face billions of dollars in asbestos-related
liabilities.  The Asbestos Defendant Profiles is backed by an
online database created to respond to custom searches. Go to
http://litigationdatasource.com/asbestos_defendant_profiles.html

                        *********


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 2003.  All rights reserved.  ISSN 1525-2272.

This material is copyrighted and any commercial use, resale or
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