CAR_Public/030729.mbx            C L A S S   A C T I O N   R E P O R T E R
  
             Tuesday, July 29, 2003, Vol. 5, No. 148

                        Headlines                            

ALCOA INC.: Settlement Fairness Hearing Set August 2003 in Ohio
AMERICAN GREETINGS: Ex-President Settles Insider Trading Charges
AUTONATION INC.: Fairness Hearing For Pact Set August 2003 in FL
AUTONATION INC.: Appeals Certification Of Federal Antitrust Suit
BELLSOUTH: Sued Over Guards' Cost Used During Miami Area Repairs

BERTELSMANN AG: German Court Blocks $17B Napster Suit
BRIDGESTONE/FIRESTONE: Recalled Tire Settlement Wins Approval
CASELLA WASTE: NJ Court Grants Final Approval to Suit Settlement
CONNECTICUT: Court Monitor States DCFS Disobeyed Consent Decree
COEUR D'ALENE: Plaintiffs File Amended Securities Lawsuit in ID

DEEP VEIN THROMBOSIS: Court Asked To Dismiss Australian's Claim
EPHEDRA: FDA Contemplates Ban on Ephedra, After Link To Deaths
ERIE INSURANCE: Court To Decide on Approval For Suit Settlement
FARMERS INSURANCE: TX Atty. General Forges Motorists' Settlement
HEARTLAND ADVISORS: Judge Approves Payments To Bond Fund Holders

INVESTMENT TECHNOLOGY: SEC Files Suit For Securities Violations
LATINO REPARATIONS: Deportees Sue Over Deportation In Mid-30s
NATIONAL FOOTBALL LEAGUE: Widow Of Vikings Player Files Lawsuit
OKLAHOMA: Oklahoma City School District Sued Over Overdue Bills
TELECOMMUNICATIONS INDUSTRY: Fiber-Optic Lawsuit Gets Approval

UNITED STATES: Cases Consolidated, Order To Reduce Flow Stayed
US NAVY: DC Court Expands Class in Chaplains Discrimination Suit
WAL-MART STORES: Hearing Over Lawsuit Certification Rescheduled

                   New Securities Fraud Cases   

BLUE RHINO: Scott + Scott Launches Securities Lawsuit in C.D. CA
CITIGROUP INC.: Towe Ball Launches Securities Fraud Suit in MT
CREE INC.: Cohen Milstein Files Securities Fraud Suit in M.D. NC
CREE INC: Schatz & Nobel Commences Securities Fraud Suit in NC
DIVINE INC.: Stull Stull Lodges Securities Fraud Suit in N.D. IL

INTERMUNE INC: Schiffrin & Barroway Files Lawsuit in N.D. CA
POLYMEDICA CORPORATION: Brodsky & Smith Files MA Securities Suit

                         *********

ALCOA INC.: Settlement Fairness Hearing Set August 2003 in Ohio
---------------------------------------------------------------
The United States District Court for the Northern District of
Ohio has set the fairness hearing for the settlement of the
class action filed against Alcoa, Inc. for August 25, 2003.

The suit was filed against the Company and the International
UAW, on behalf of 400 African-American employees of Cleveland
Works, alleging discrimination in Cleveland's apprenticeship
program.  Plaintiffs sought certification of the class,
declaratory and injunctive relief, lost wages, entry into
apprenticeship programs, compensatory and punitive damages and
costs and expenses of litigation.

On February 28, 2003, the parties filed with the court a
proposed settlement agreement providing monetary and injunctive
relief.  Preliminary approval of the proposed settlement
agreement was granted on May 27, 2003.  The cost of settlement
is not expected to be material.


AMERICAN GREETINGS: Ex-President Settles Insider Trading Charges
----------------------------------------------------------------
Edward Fruchtenbaum, former president and chief operating
officer of American Greetings Corporation, settled insider
trading charges that the Securities and Exchange Commission had
previously filed against him.  

Mr. Fruchtenbaum, a resident of Chagrin Falls, Ohio, and
Minneapolis, Minnesota, consented to a judgment:

     (1) permanently enjoining him from violating the antifraud
         provisions of Section 17(a) of the Securities Act of
         1933, Section 10(b) of the Securities Exchange Act of
         1934, and Rule 10b-5 thereunder;

     (2) ordering him to pay disgorgement of $79,437, plus
         $28,711 of prejudgment interest, and a $238,311 civil
         penalty, for a total of $346,459; and prohibiting him
         from serving as an officer or director of a publicly
         held company for five years.

In its complaint, the Commission alleged that in November 1998,
Mr. Fruchtenbaum learned from internal company forecasts that in
the upcoming fiscal year, American Greetings' revenues and
earnings were likely to fall materially short of both public
expectations and the company's own strategic forecasts.  

The Commission charged that in December 1998, Mr. Fruchtenbaum
used this information to exercise options to buy American
Greetings stock and then sell the acquired shares in same-day,
cashless transactions.  On February 24, 1999, American Greetings
publicly announced that it expected revenues and earnings for
the next fiscal year to be materially below prior expectations.  
That day, the price of the company's stock fell approximately
32%, from $35.06 to $23.875.   

The Commission alleged that Mr. Fruchtenbaum avoided material
losses by selling his shares of American Greetings stock before
the public announcement of the revenue and earnings forecasts.  
Mr. Fruchtenbaum consented to the entry of the judgment without
admitting or denying the allegations in the complaint.  


AUTONATION INC.: Fairness Hearing For Pact Set August 2003 in FL
----------------------------------------------------------------
Final fairness hearing for the settlement of a class action
against one of Autonation, Inc.'s subsidiaries has been set for
August 2003 in Florida State Court.

The subsidiary was accused of violating, among other things, the
Florida Motor Vehicle Retail Sales Finance Act and the Florida
Deceptive and Unfair Trade Practices Act by allegedly failing to
deliver executed copies of retail installment contracts to
customers of the Company's former used vehicle megastores.

In October 2000, the court certified the class of customers
the action would represent.  In July 2001, Florida's Fourth
District Court of Appeals upheld the certification of the class.  
The parties subsequently agreed on settlement terms involving
the payment of cash and coupons towards the purchase of
vehicles, the dollar value of which is not material.  In April
2003, the Court preliminarily approved the settlement.


AUTONATION INC.: Appeals Certification Of Federal Antitrust Suit
----------------------------------------------------------------
Autonation, Inc. appealed the Texas federal court's ruling
granting class certification to the federal suit charging it and
the Texas Automobile Dealers Association (TADA) with violations
of antitrust and other laws.

Three suits were filed charging three of the Company's Texas
dealership subsidiaries and new vehicle dealerships in Texas
that are members of the TADA with deceiving customers with
respect to a vehicle inventory tax.

In April 2002, in two actions (which have been consolidated) the
state court certified two classes of consumers on whose behalf
the action would proceed.  In October 2002, the Texas Court of
Appeals affirmed the trial court's order of class certification
in the state action and the Company is appealing that ruling to
the Texas Supreme Court.  In March 2003, the federal court
conditionally certified a class of consumers in the federal
antitrust case.


BELLSOUTH: Sued Over Guards' Cost Used During Miami Area Repairs
----------------------------------------------------------------
A lawsuit brought on behalf of two Miami-Dade consumers and
businesses and seeking class action status, claims BellSouth has
been collecting too much money from consumers to cover the cost
of posting security guards while it does repairs underground in
manholes, The Miami Herald reports.

The lawsuit, which is seeking certification, would cover all
BellSouth customers in Miami-Dade from July 1999 through at
least mid-July of this year.  A Miami-Dade ordinance requires
that all companies working in manholes have a second person
above ground for safety and security purposes.  A spokeswoman
for BellSouth said the company contracts with security guard
firms to provide that second person above ground while a
BellSouth repair technician goes underground.

The county ordinance, said spokeswoman Marta Casa-Celeya,
permits the company to pass on this cost to customers and to
keep the fees it collects.

Barbara Perez, the Miami attorney with Aronovitz Trial Lawyers,
who filed the lawsuit, said she spent nearly a year researching
BellSouth's billing practices before filing the suit.


BERTELSMANN AG: German Court Blocks $17B Napster Suit
-----------------------------------------------------
The German Federal Constitutional Court blocked the $17 billion
class action charging German music company, Bertelsmann AG, of
funding the Napster file-swapping service, Reuters reports.

The Company owns the BMG family of record labels, the smallest
of the big five record companies, with artists like Elvis
Presley, The Strokes and Aretha Franklin.  Napster was the
biggest file-swapping service at its peak, with some 60 million
users downloading songs while using its service.  It was shut
down in 2001, and eventually declared bankruptcy after a federal
court ruled the service ran afoul of copyright laws.

Three suits were filed in Manhattan federal court last year
charging the Company of investing more than $100 million in the
service in 2000 and 2001, thus perpetuating Napster's success.  
Record companies Universal Music and EMI, Plc filed two suits as
well as several music publishers.  

Last week, the Company filed a motion to dismiss the suits,
saying US copyright law did not permit recovery from a third-
party lender for damages the labels failed to recover from
Napster.

The German court ruled that the suits could not be delivered to
the Company because it could not rule out that the lawsuit would
violate Bertelsmann's constitutional rights in Germany.  "If
lawsuits in (foreign) courts are obviously misused to bend a
market player to one's will by way of media pressure and the
risk of a court order, this could violate the German
constitution," the court said in a statement late on Friday.

The ruling will block delivery of the suits for six months.  
However, the court stated that it was only temporary and that a
full hearing will be conducted to decide whether the suit was
indeed unconstitutional.

Bertelsmann could not immediately be reached for comment,
Reuters reports.  Attorneys for the music publishers were not
available for comment.  Since Bertelsmann has already filed
court papers in New York acknowledging the suit and seeking to
have it dismissed, the practical effect of the German court's
ruling was not immediately clear.


BRIDGESTONE/FIRESTONE: Recalled Tire Settlement Wins Approval
-------------------------------------------------------------
A recent nationwide settlement agreement by Bridgestone/
Firestone North American Tire, which would resolve numerous
class actions, filed after the company recalled three brands of
tires in August 2000, has been presented to Beaumont, Texas,
state District Judge Donald Floyd, who gave his preliminary
approval, the Associated Press Newswires reports.  The
settlement will have to receive his final approval at a hearing
not yet scheduled.

As part of the proposed settlement agreement, Nashville,
Tennessee based Bridgestone/Firestone has agreed to spend nearly
$15.5 million on a consumer education and awareness campaign,
which will span three years and focus on tire inflation, use,
maintenance, driving safety and automobile maintenance.  
Firestone said it will pay $19 million in legal fees and $2,500
to each of the 45 plaintiffs.

The settlement agreement also requires that for seven years
Bridgestone/Firestone will manufacture certain tires with cap
strips, nylon strips or other materials that provide better
high-speed capacity.

The class actions resolved as part of the settlement include
those filed by Firestone ATX, ATX II and Wilderness AT
customers, whose tires were among those investigated by the
National Highway Traffic Safety Administration (NHTSA) in 2000,
but who did not sustain personal injury or property damage.  The
NHTSA investigation involved about 59 million tires.  Firestone
recalled about 14.4 million tires in August 2000.

The settlement allows anyone with the tires indicated above
still on their vehicles to take them to a Firestone Tire and
Service Center, where they will be replaced at no charge, and
requires Firestone to set up a tire settlement hot line so those
involved in the class actions can obtain information about the
proposed remedies.

Beaumont attorney Zona Jones represents Jefferson County
resident Terri Shields, and filed the lawsuit on behalf of Ms.
Shields and others similarly situated.

Judge Floyd addressed the matter of the settlement class at the
recent hearing at which he gave the settlement agreement
preliminary approval.
"This proposed settlement is present to the court after
substantial litigation around the nation.  The only way to
resolve the issues raised by this litigation on a nationwide
basis is through a settlement class like the one proposed here."

Judge Floyd ruled at the hearing that Ms. Shields was a proper
class representative for the "hundreds of thousands of
purchasers, owners or lessors of the Firestone tires at issue."

Judge Floyd further ruled that "Ms. Shields testified that she
strongly believes that her lawsuit brings legitimate claims
regarding what she believes to be the unsafe and defective
nature of the Firestone tires at issue.  She believes that
prosecuting this lawsuit is the right thing to do with respect
to her own interests, the interests of other tire settlement
class members and also the interest of the general public as
drivers and passengers on the roads and highways of this
country.

"As a purchaser of those Firestone tires, the court finds that
she is clearly a member of the tire settlement class," Judge
Floyd concluded.

This settlement does not affect hundreds of personal-injury
lawsuits still pending as a result of accidents involving the
6.5 million allegedly defective tires recalled in August 2000.


CASELLA WASTE: NJ Court Grants Final Approval to Suit Settlement
----------------------------------------------------------------
The United States District Court for the District of New Jersey
granted final approval to a settlement for the class action
filed against KTI, Inc., which Casella Waste Systems, Inc.
acquired, and:

     (1) Ross Pirasteh,

     (2) Martin J. Sergi, and

     (3) Paul A. Garrett

The defendants are principal officers of KTI.  The complaint
purported to be on behalf of all shareholders who purchased KTI
common stock from January 1, 1998 through April 14, 1999.  The
complaint alleged that the defendants made unspecified  
misrepresentations regarding KTI's financial condition during
the class period in violation of Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934, as amended.

On April 6, 2000, the plaintiffs filed an amended class action,
which changed the class period covered by the complaint to the
period including August 15, 1998 through April 14, 1999.  At a
settlement conference held on September 27, 2002 the parties
reached an agreement, which requires the defendants to pay $3.8
million in return for a full release.  The court approved the
settlement on January 24, 2003 and entered final judgment on
March 31, 2003.


CONNECTICUT: Court Monitor States DCFS Disobeyed Consent Decree
---------------------------------------------------------------
A court monitor has found that Connecticut's Department of
Children and Families (DCF) is violating a federal court order
because it does not have enough workers to properly serve the
children; therefore, the caseloads for social workers are too
large, the Associated Press Newswires reports.  

DCF has been under the consent decree for 11 years, because of a
1989 class action that alleged the state had violated federal
laws by not adequately protecting children in its care.  Last
year, US District Judge Alan H. Nevas approved an 18-month exit
plan for the DCF, listing 22 goals for DCF to meet in order to
free itself from court oversight.  

DCF was supposed to be fully in compliance with the caseload
standard by February 1 of this year.  However, the court monitor
discovered on Thursday last week that DCF has not filled
vacancies promptly after they occurred in order to maintain the
required staffing level of 2,974.

The monitor also found that many department social workers were
carrying caseloads larger than the maximum allowed.  As of July
10, 461 of the 949 case-carrying social workers had more than 20
cases.

The plaintiffs in the class action have said that compliance
with the court's order is a matter of basic safety for the
children in DCF's care.  "Abused and neglected children cannot
be protected, their needs cannot be met, without an acceptable
number of staff in the department and a manageable level of
caseloads," said Ira Lustbader, assistant director at Children's
Rights and co-council for the class of plaintiffs.

Court Monitor Ray D. Sirry recommended new dates for DCF to be
in compliance with the court order:  August 1 for the staffing
level and March 1, 2004, for the caseload standard.  The
proposed remedy should give the new DCF Commissioner and her
team ample time to comply with the order, Mr. Sirry said.

The monitor's findings and proposed remedy now go to Judge Nevas
for approval.  If Judge Nevas approves the monitor's
recommendations, Mr. Lustbader said the plaintiffs will bring
contempt of court charges against DCF if the agency fails to
meet the new deadlines for compliance.


COEUR D'ALENE: Plaintiffs File Amended Securities Lawsuit in ID
---------------------------------------------------------------
Plaintiffs filed a second amended class action against Coeur
d'Alene Mines Corporation in the Idaho District Court for the
First District in Kootenai County, Idaho.  The suit names as
defendants companies that have been defendants in the prior
Bunker Hill and natural resources litigation in the Coeur
d'Alene Basin, by eight northern Idaho residents seeking medical
benefits and real property damages from the mining companies
involved in the Bunker Hill Superfund site.

In October 2002, the court conducted a hearing on motions
resulting in an order striking certain of the alleged causes of
action from the complaint, and dismissing the complaint with
leave to amend it.  In January 2003, the plaintiffs filed an
amended complaint.  Certain of the defendants, including the
Company, filed motions to dismiss the complaint.  The court
struck the amended complaint and a second amended complaint has
been filed.  While the Company believes the suit is without
merit, at this early stage of the proceedings, the Company
cannot predict the outcome of this suit.


DEEP VEIN THROMBOSIS: Court Asked To Dismiss Australian's Claim
---------------------------------------------------------------
Quantas and British Airways asked the Victorian Court of Appeal
to dismiss a lawsuit filed by Sydney resident Brian Povey,
seeking compensation after he developed deep vein thrombosis
after a trip to London in February 2000, ABC News Online
reports.  Mr. Povey's suit blamed the cramped seating conditions
onboard the two airlines for causing the clot.

Lawyers for the airlines asserted that Mr. Povey traveled under
normal flight conditions and there was no accident they are
liable for under international legislation.  They referred to a
recent British court decision dismissing a class action against
several airlines.  


EPHEDRA: FDA Contemplates Ban on Ephedra, After Link To Deaths
--------------------------------------------------------------
The United States Food and Drug Administration (FDA) is
seriously considering a ban on the diet drug ephedra, a herbal
stimulant used in dietary supplements, which has reportedly
caused deaths and myriad health problems for its users, the
Associated Press reports.  Ephedra, which can be used to lose
weight and boost athletic performance, has been linked to as
many as 100 deaths.  Health problems can include strokes, heart
attacks and seizures.

In a testimony before two House Energy and Commerce
subcommittees, FDA Commissioner Mark McClellan said the agency
is considering a ban on the drug.  He continued that the agency
will first ensure that the evidence they were reviewing could
support a ban under the law.  The FDA is required to prove a
dietary supplement is harmful rather than having the
manufacturer prove it is safe.  His agency had earlier touted
the law as preventing them from banning dietary supplements.

Lawmakers conducted two days of hearings, listening to
scientists, health officials, representatives of pro sports
leagues, parents of victims who died, and people from ephedra
products companies.  On Wednesday, Health and Human Services
Secretary Tommy Thompson told AP makers of dietary supplements
should have to tell the FDA about potential side effects, just
as drug-makers do. He urged Congress to revise the 1994 law.

Eugene Orza, the general associated counsel of the Major League
Baseball Players Association said that the sport should not ban
dietary supplements containing ephedra unless the government
does.  "The position of the players' association has long been
that players should not be prohibited from using any substances
that the United States government has effectively determined are
not unsafe for consumption by other American consumers," he
said.

In February, Baltimore Orioles pitcher Steve Bechler, died while
taking a supplement with ephedra.  Other sports leagues do ban
ephedra and test players to make sure they are not using the
product.  They include the National Football League and Major
League Soccer, both of which sent representatives to Thursday's
hearing.

The head of a trade group representing makers of dietary
supplements questioned the need for the hearings.  "A wealth of
scientific information, expert testimony and consumer input
already exists, including reports commissioned by the FDA
itself, that the agency can use to determine once and for all
whether ephedra presents a hazard to public health," said David
R. Seckman, executive director of the National Nutritional Foods
Association.

"Whatever the FDA's ultimate decision on ephedra, we urge the
agency to utilize its powers . for a swift regulatory resolution
that will put this debate to rest and make hearings such as
these unnecessary," he said according to an AP report.


ERIE INSURANCE: Court To Decide on Approval For Suit Settlement
---------------------------------------------------------------
The Court of Common Pleas of Philadelphia County, Pennsylvania
has yet to grant approval to the settlement of a class action
filed against Erie Insurance Company and Erie Insurance
Exchange, by a plaintiff who was involved in an accident that
damaged her ERIE insured vehicle.

The complaint alleges that ERIE acted improperly when it
used non-original equipment manufacturer (non-OEM) parts in
repairing the damage to the plaintiff's vehicle.  In March 2002,
the courts granted the plaintiff's revised motion for class
certification.


ERIE attempted to appeal the court order granting certification
of the class.  ERIE filed a Petition for Review with the
Pennsylvania Superior Court.  On August 8, 2002, the Superior
Court denied ERIE's Petition for Review.  ERIE then filed a
Petition for Allowance of Appeal with the Supreme Court of
Pennsylvania.  On November 27, 2002, the Supreme Court denied
ERIE's Petition for Allowance of Appeal.

ERIE filed a Class Certification Joinder Complaint against
several individuals and/or entities that are the manufacturers
and/or distributors of non-OEM crash parts.  The Joinder
Complaint asserts causes of action against the manufacturers
and/or distributors of the non-OEM parts.

The Company and the plaintiffs have entered into a Settlement
Agreement and a Motion for Preliminary Approval has been filed
with the Court.  Although the terms of the settlement are still
subject to court approval, the terms of the settlement agreement
call for ERIE to pay $6,250,000 into a Settlement Fund.  ERIE is
to pay the sum of $750,000 within 10 days of the court's entry
of the Preliminary Approval Order.  ERIE is to pay the remaining
$5,500,000 into the Settlement Fund within 10 days of the
Settlement Agreement becoming final.  The terms of the
Settlement Agreement specifically state that under no
circumstances shall ERIE be required to make any other payment
in connection with the settlement.

The Court held a hearing on the motion for Preliminary Approval
on June 5, 2003.  The Court has not made a ruling on the motion
for Preliminary Approval.  As the likelihood of the settlement
is probable, ERIE recorded an accrual in the estimated amount of
$6,250,000 in March 2003.

It is possible that the settlement will not be finalized and/or
approved by the court.  If the settlement is not finalized
and/or approved by the Court, it is still too early to assess
the probable outcome of the amount of damages of this civil
class action.

The Company believes that ERIE has meritoriously legal and
factual defenses to the lawsuit and these defenses will be
pursued vigorously if the court does not approve and/or finalize
the settlement.




FARMERS INSURANCE: TX Atty. General Forges Motorists' Settlement
----------------------------------------------------------------
Texas Attorney General Greg Abbott reached a settlement with
Farmers Insurance Group that requires the company to refund an
estimated $2.4 million to about 13,000 Texas motorists who may
have paid more for vehicle repairs than was required under their
policies.

The settlement marks the ninth such settlement obtained since
2000 with major auto insurers, emphasizing again that companies
such as Farmers may not deceive motorists who pay deductibles
and make proper claims for vehicle repair work.

This unlawful practice known as "betterment," an insurance
industry term, involves supposedly increasing the value of a
policyholder's vehicle by paying for repairs with better or
newer parts.  Companies such as Farmers have routinely reduced
the amount to be paid to the motorist for repairs by an amount
believed to equal the improved value of the vehicle because
upgraded parts were installed, such as new rather than rebuilt
transmissions.

"Companies have used this perceived loophole in the standard
Texas auto policy to rationalize their way into consumers'
pocketbooks," said Attorney General Abbott.  "They reasoned that
if they increase the value of their policyholders' vehicles,
then they should be able to deduct an amount for improving the
value of the vehicle.  Auto policies in Texas just do not allow
for this kind of deception and we're fortunately seeing a
turnaround in the industry."

Under the settlement, Farmers will continue to refrain from
deducting for betterment on its policyholders' claims.  The
company agreed to refund the amount charged for betterment, plus
interest, to policyholders who had an auto repair claim paid
from February 14, 1996, to the present.

Farmers will mail checks directly to policyholders who had
electronic estimates that indicated the company made these
deductions for betterment.  For those policyholders whose
deductions cannot be identified though electronic estimates,
Farmers will mail notices requesting that eligible persons make
a written claim.  If a policyholder makes a written claim,
Farmers will review the claim file and send a refund check if
the file indicates the company deducted for betterment.  Farmers
agreed that this settlement will not affect its insurance rates.  
Farmers will also pay $175,000 in attorneys' fees and other
expenses to the Attorney General's office.


HEARTLAND ADVISORS: Judge Approves Payments To Bond Fund Holders
----------------------------------------------------------------
US District Judge J.P. Stadtmueller signed an order recently
approving distribution of money by Heartland Advisors Inc. to
bond fund shareholders, The Milwaukee Journal Sentinel reports.

This distribution arises out of the $14 million settlement of a
class action brought by the bond fund shareholders against the
mutual fund manager.  Approved class members probably will
receive a total of about $10.3 million after lawyers fees and
reimbursements of nearly $3.7 million.  The class members in the
lawsuit were shareholders in two Heartland bond funds whose
value plummeted by millions of dollars in October 2002.


INVESTMENT TECHNOLOGY: SEC Files Suit For Securities Violations
---------------------------------------------------------------
The United States Securities and Exchange Commission filed an
injunctive action against Investment Technology, Inc., of Las
Vegas, Nevada, its CEO and chairman, Thomas D. Vidmar, 55, and
its securities counsel, Ulysses "Thomas" Ware, 42, of Atlanta,
Georgia, alleging various federal securities laws violations,
including violations of the anti-fraud and registration
provisions, in connection with an alleged fraudulent scheme
involving the company's stock and its purported on-line gambling
casino.  

The complaint, filed with the United States District Court for
the District of Nevada (Southern Division), alleges Mr. Vidmar
and Mr. Ware falsely promoted Investment Technology in press
releases and "analyst" reports as a leader in on-line gambling,
even though its casino website never received wagers or
generated revenues.  

The complaint also alleges Mr. Vidmar and Mr. Ware dumped
millions of Investment Technology shares into the manipulated
market and collectively realized more than $200,000 in unlawful
profits, in part through offerings registered on invalid Form S-
8 registration statements.  

The complaint further alleges that Rosenfeld, Goldman & Ware,
Inc., Mr. Ware's law firm, Small Cap Research Group, Inc., a
Georgia corporation, and Centennial Advisors, LLC, a Georgia
limited liability company, violated the anti-fraud provisions of
the securities laws in connection with the Investment Technology
promotions.  


LATINO REPARATIONS: Deportees Sue Over Deportation In Mid-30s
-------------------------------------------------------------
In the mid-30s, during the depths of the depression, mass
deportations of people of Mexican origin, whether citizens or
not, took place in Los Angeles and in lesser degree in other
cities in the United States.  Approximately, 600,000 "Mexicans"
- whole families - ended up in Mexico as a result of the
deportations.  Scholars studying this period estimate that 60
percent of the deportees were actually US citizens, the Contra
Costa Times reports.  The Mexicans were rounded up, ordered into
boxcars and sent away.

Emilia Castaneda, born in the United States, 77, is one of an
uncertain number who made it back to the United States.  She
recently was in Sacramento testifying before a legislative
committee looking into the mass deportations.  Meanwhile, civil
rights lawyers have filed a class action in Los Angeles against
the city and state on behalf of Ms. Castaneda and 400,000
Mexican-Americans deported from California.

Although President Roosevelt ended the federal deportations in
1933, after he took office, state and local governments
continued the round-ups and deportations throughout the decade.  
In public gathering places across the country, anyone who looked
Mexican could be stopped and asked to show papers to prove
citizenship or residency.  Railroads agreed to carry the
deportees for half fare.  Entire families were sent away.

Emilia Castaneda, like many of the surviving Japanese-American
internees, said the apology from the nation is more important
than any money received by legal action.  Ms. Castaneda said,
"Somebody could say, 'We were wrong for the injustices committed
to you and apologize for what was done,'" she added.  "Maybe
other people still in Mexico would hear about this and would
come back."  

Just how many Mexican Americans remain in Mexico is uncertain.  
The 1995 book, "Decade of Betrayal," by scholars Francisco
Balderrama and Raymond Rodriguez, recalls how America recruited
Mexican workers during the Roaring 20s, turned against them
during the depression and swept up citizens and whole families
as the anti-immigrant hysteria grew out of control.


NATIONAL FOOTBALL LEAGUE: Widow Of Vikings Player Files Lawsuit
---------------------------------------------------------------
An attorney for the widow of Minnesota Vikings player Korey
Stringer said she will sue the National Football League,
alleging its policies led to her husband's heat-related death at
training camp, the Associated Press Newswires reports.  Attorney
Stan Chesley said the federal lawsuit will include a class
action claim on behalf of all NFL players, as well as a wrongful
death claim on behalf of widow Kelci Stringer and her son.

"What's on trial here are the rules and procedures and the
culture" of the NFL, said Mr. Chesley.  "Frankly, it is no
coincidence that the average football player in the NFL plays
for 4 1/2 years.  They use them and spit them out."

Mr. Chesley said the lawsuit is designed to make the league
change its procedures for the mandatory training camps.  The NFL
has said it already has made changes.  The lawsuit, first
reported by the New York Times, also will name football helmet
maker Riddell Sports Group Inc. and some NFL medical advisers as
defendants.  He would not disclose where the lawsuit will be
filed.

Korey Stringer collapsed during training camp on July 31, 2001,
in sweltering heat and humidity.  The 335-pound lineman's body
temperate was 108.8 degrees when he arrived at the hospital.  He
died 15 hours later.

Kelci Stringer already filed a $100 million wrongful-death
lawsuit against the Vikings and the team's training camp
physician David Knowles.  In April, a Hennepin County District
Court judge dismissed Mrs. Stringer's claims against the team.  
She later settled with Dr. Knowles for an undisclosed sum.

Mrs. Stringer's attorneys said at the time they planned to ask
the state appeals court to reinstate the claims against the
Vikings.  Mr. Chesley said the league wanted a 335-pound player
like Korey Stringer, but then did little to protect him in the
heat that led to his death.  He also said the league sets the
procedures for the mandatory training camps.

Before training camp opened in 2002, the NFL consulted with
several experts and held a series of discussions and seminars on
the subject.  The league has banned the herbal stimulant ephedra
and began random testing for it last summer after learning that
dietary supplements increased the risk of heat-related
illnesses.

A bottle of Ripped Fuel, which contains ephedra, was found in
Mr. Stringer's locker after his death.  Mr. Stringer's remains
were not tested for the substance during investigations into his
death.


OKLAHOMA: Oklahoma City School District Sued Over Overdue Bills
---------------------------------------------------------------
The Oklahoma City school district has been sued by three
business owners for payment of overdue bills and could face more
legal action, the Associated Press Newswires reports.  One of
the businesses, Belle Starr Tours wants its case designated as a
class action on behalf of all people or entities that have
provided goods or services in the district but have "not been
timely paid."

Although Belle Starr Tours is itself owed $798, the Daily
Oklahoman reported recently that financial records showed the
school district owed more than $3 million to about 400
individuals and companies for bills that are now more than a
year past due.

The Belle Starr Tours lawsuit names individual school board
members as defendants, along with the district, school board,
new superintendent Robert Moore and other unidentified school
officials.   The lawsuit cites a state law that says individual
board member can be held personally liable for payment of school
if they have created a deficit by authorizing expenditures in
excess of revenues.  The same state law states that certain
school officials could be held personally responsible for school
debts if they have entered into contracts without board
approval.

Although the school attorneys do not dispute that the school
district owes Belle Starr Tours $798 for unpaid workshop fees,
plus costs, they argue that a judge should not grant the lawsuit
class action status.

The other two business owners are Youth Services for Oklahoma
County is seeking $127,479 and Citi-capital Technology Finance
is asking for $39,964, court documents show.  School district
officials have been ordered to reconcile all accounts and file
an audit report by April 1, but they were forced to file a
"disclaimer" audit opinion after auditors could not balance the
district's books.


TELECOMMUNICATIONS INDUSTRY: Fiber-Optic Lawsuit Gets Approval
--------------------------------------------------------------
US District Judge Wayne R. Andersen gave preliminary approval to
the settlement in a class action under which four phone
companies would pay an estimated $142 million to some 360,000
owners of land across the country where fiber-optic cables have
been placed, the Dow Jones Business News reports.

Judge Andersen also issued an order at the recent hearing
putting on hold 43 similar class actions in federal and state
courts.  The named defendants in the class action are Sprint
Corporation, Qwest Communications International Inc., Level 3
Communications Inc. and WilTel Communications Group Inc.

The companies paid railroads to allow placement of fiber-optic
cables along their tracks; only to find the railroads did not
own the land.  Further, the easements the railroads received
from the landowners, allowing them to lay their tracks, made no
provision for fiber-optic cable.  Some of the easements date
back for more than a century to the time they were granted to
the railroads.

Attorney said no one knows for sure the number of property
owners who will be eligible for payments of $2 per linear foot
for those who can provide proof of ownership of rights of way.  
The best estimate is 360,000, said the attorneys.  This figure
has been calculated by assuming there are 10 property owners
along every 360 miles of cable.

Under the terms of the settlement, those who claim to own the
land but have a weaker level of proof can still get 33 cents a
foot.  The settlement would become final in nine months after
all parties have a chance to respond.  Property owners are free
to opt out of the settlement if they want to fight an individual
battle in the courts.


UNITED STATES: Cases Consolidated, Order To Reduce Flow Stayed
--------------------------------------------------------------
A panel of federal judges recently moved to end confusion in the
courts by putting a judge in Minnesota in charge of a half-dozen
of Missouri-river related cases, the St. Louis Post-Dispatch
reports.  The Judicial Panel on Multidistrict Litigation, which
met in Portland, Maine, transferred the court cases, which had
been brought in several jurisdictions relevant to reduction of
the river's flow, to the US District Court of Minnesota.  

Cases had been brought by conservation groups aimed at
protecting endangered species, the barge industry and upstream
states trying to secure more water for their reservoirs, among
others.  The cases were assigned to Judge Paul Magnuson, a
senior judge appointed to the federal bench in 1981 by President
Ronald Reagan.

Not least among these transferred cases was that brought by the
Justice Department asking the Minnesota judge to stay a court
order that will fine the Army Corps of Engineers $500,000 a day
if it refuses to reduce the river's flow to protect endangered
species.  US District Judge Gladys Kessler of the District of
Columbia had issued the low-flow injunction on July 12.  Last
Tuesday, Judge Kessler cited the Corps for contempt and ordered
the fines to commence last Friday unless the Corps reduces the
amount of water entering the lower river through Gavins Point
Dam in South Dakota.  The case before Judge Kessler was one of
the six cases moved to Minnesota.

The Corps had refused the order, citing a contradictory
injunction from a Nebraska court requiring water at sufficient
depth for barges.  The Nebraska case, also, has been transferred
to Minnesota.

The consolidation is aimed at resolving the jurisdictional
disputes that have arisen out of the conflicting orders
governing water levels in the Missouri.  For the moment, the
Corps of Army Engineers faces its quandry.

Corps spokesman Paul Johnston said recently that Army engineers
were still trying to sort out the meaning of the consolidation
and had made no decision on how it will respond to Judge
Kessler's ultimatum.

The Justice Department has moved in still another direction by
seeking relief for the Corps from the 8th US Circuit Court of
Appeals in St. Louis.  In Judge Kessler, the coalition of
conservation groups, such as American Rivers and Environmental
Defense, which had sued the Corps, had found a friendly ear.

Timothy Searchinger, a lawyer for Environmental Defense who took
part in the hearing in Maine, said the conservation groups "are
not necessarily upset by this (the consolidation).  Our main
concern is that it disrupts the flow of the case given the fact
that we have endangered species threatened right now."

Mr. Searchinger added, "The silver lining is that it (the six
cases) was sent to a neutral forum."

This was also the point of view of Christopher Brescia,
president of MARC 2000, a trade association that represents the
navigation industry and other commercial interests.  Mr. Brescia
said he was pleased by the consolidation.

"Maybe the legal system will work now and the right hand will
know what the left hand is doing," said Mr. Brescia.

Congress established the Judicial Panel on Multidistrict
Litigation in 1968, as a means to help the federal courts run
more smoothly by avoiding duplication and confusion,
particularly in class actions.


US NAVY: DC Court Expands Class in Chaplains Discrimination Suit
----------------------------------------------------------------
The United States District Court for the District of Columbia
expanded the scope of a discrimination suit filed against the
United States Navy, over the promotions of every evangelical in
its Chaplain Corps since 1977, the European and Pacific Stars
and Stripes reports.

The suit alleges that the US Navy unfairly promoted Roman
Catholics and mainline Protestants ahead of evangelicals, thus
the resulting mix fails to represent the religious preferences
of sailors.  The suit seeks an overhaul of the system, a review
of past promotions and the repair of any injustices occurring
over the years, which could theoretically result in retroactive
promotions and back pay, though the chaplains say they aren't
after money.

The evangelicals initially alleged that the discrimination began
in late 1980, when the Navy implemented the "the thirds policy"
- a purposeful organizing of the Christian element of the
Chaplain Corps into one-third Catholic, one-third Mainline or
"liturgical" Protestant and one-third evangelical, or
"nonliturgical."  The Navy has denied the existence of such
policy.

The ruling allows the class of former and present chaplains to
increase to 2,000 by widening the span of time under scrutiny.  
Navy policy prevents it from discussing pending suits, but the
service denies it operates under any bias.

"The Chaplain Corps is comprised of a dynamic group of officers
and enlisted personnel whose purpose is to facilitate the faith
needs of everyone in the sea services," Lt. Jon Spiers, a
spokesman for the chief of naval personnel told the Stars and
Stripes.  "The Navy sees what the Chaplain Corps does as a
fundamental element of mission readiness. What they do is
tremendously important each and every day."

Whoever is right, an attorney representing the evangelicals
hails the decision as a victory.  "It makes my job much easier,"
attorney Arthur Schulcz said from Washington, D.C.  "And it
really addresses the full scope of the predicament."

The chaplains are also backed by The Rutherford Institute, the
legal foundation that represented Paula Jones in her sexual
harassment suit against former President Clinton, Stars and
Stripes reports.  The Justice Department is handling the Navy's
defense. Charles Miller, department spokesman, said he is unable
to comment on the case.


WAL-MART STORES: Hearing Over Lawsuit Certification Rescheduled
---------------------------------------------------------------
US District Court Judge Martin Jenkins recently rescheduled a
hearing on whether to elevate the lawsuit brought by six women
against Wal-Mart Stores Inc. into a nationwide class action
representing 1.5 million current and former employees,
Associated Press Newswires reports.  Judge Jenkins set the new
hearing date for September 24, in the US District Court in San
Francisco.

Wal-Mart, the nation's largest private employer, was accused in
June of "rampant" discrimination against female workers in a
federal lawsuit.  If granted class-action status, the lawsuit
would become the nation's largest sex discrimination case
against a private employer.

The lawsuit contends that competing retail stores have nearly
double the number of women in management and that male Wal-Mart
workers get higher pay than women for the same duties.  The
lawsuit claims further that the company passes over women for
promotions and training and retaliates against women who
register complaints about such behaviors.

The plaintiffs, who are seeking to change the company's
allegedly discriminatory practices, have not specified how much
money in damages they are seeking.

"We don't have a specific number in mind.  There are various
economic models you can use to compute lost earnings, but we
don't have a specific number in mind," said Joseph Sellers, an
attorney for the plaintiffs.

William Wertz, a spokesman for the Bentonville, Arkansas-based
retailer, said that women hold positions of significant
responsibility at Wal-Mart.


                   New Securities Fraud Cases   


BLUE RHINO: Scott + Scott Launches Securities Lawsuit in C.D. CA
----------------------------------------------------------------
Scott + Scott, LLC initiated a securities class action in the
United States District Court for the Central District of
California on behalf of purchasers of Blue Rhino Corporation
(Nasdaq: RINO) securities during the period between August 15,
2002 and February 5, 2003.

Scott + Scott, LLC filed this complaint against the defendants
for violations of federal securities laws and did so at the
request and as authorized by a shareholder.

For more details, contact David R. Scott or Neil Rothstein by
Mail: 108 Norwich Avenue, Colchester, Connecticut 06415 by
Phone: 800/404-7770 by Fax: 860/537-4432 by E-mail:
drscott@scott-scott.com or nrothstein@scott-scott.com or visit
the firm's Website: http://www.scott-scott.com


CITIGROUP INC.: Towe Ball Launches Securities Fraud Suit in MT
--------------------------------------------------------------
Sean A. Udall, on behalf of himself and other former employees
of Salomon Smith Barney, and other Citigroup subsidiaries filed
an action against these corporations seeking return of their
earned compensation forfeited when they left the company.

The complaint alleges a scheme in violation of the Securities
Exchange Act of 1934.  The defendants induced their employees to
purchase CAP Plan Stock (restricted stock in the parent company)
and then forfeited this stock when they left the company's
employment.

The complaint alleges that no restricted stock was, in fact,
issued and the employees received nothing but a book entry until
the time after which the restrictions were supposed to be
lifted.  Even though the defendants held a fiduciary
relationship with their employees as a result of this account,
they used this scheme to their corporate financial benefit at
the expense of the former employees.

The lawsuit, Case No. CV-03-116-BLG-RWA, was filed in the United
States District Court of the District of Montana in Billings, on
July 14, 2003.  It seeks damages for violations of the Federal
Securities Law on behalf of the employees who invested in the
CAP Plan and later forfeited their investment.  It covers all
employees from the inception of the CAP Plan in 1989 to the
present.

The 41-page Complaint was filed by a national legal team
consisting of Thomas E. Towe, of Towe, Ball, Enright, Mackey &
Sommerfeld, P.L.L.P., Billings, Montana, Richard L. Coffman,
P.C. of Beaumont, Texas, Wyatt B. Durrette, Jr. of Durrette
Bradshaw, P.C. of Richmond, Virginia and other prominent law
firms from Utah, Tennessee, Alabama, and Arkansas.

For more details, contact Thomas E. Towe by Mail: 2525 Sixth
Avenue North, P.O. Box 30457, Billings, MT 59107-0457 by Phone:
406-248-7337 by Fax: 406-248-2647 or by E-mail: towe@tbems.com


CREE INC.: Cohen Milstein Files Securities Fraud Suit in M.D. NC
----------------------------------------------------------------
Cohen, Milstein, Hausfeld & Toll, PLLC initiated a securities
class action in the United States District Court for the Middle
District of North Carolina, on behalf of persons who purchased
or otherwise acquired the securities of Cree, Inc. (Nasdaq:CREE)
during the period from July 24, 2001 through June 13, 2003.  The
suit names the Company as a defendant, along with:

     (1) Charles Swoboda, Cree's CEO;

     (2) Cynthia Merrell, Cree's CFO and Chief Accounting
         0fficer; and

     (3) F. Neal Hunter, Chairman of the Board of Directors

The complaint asserts securities fraud claims under sections
10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule
10b-5 promulgated thereunder.  The complaint alleges that Cree
issued a series of materially false and misleading statements in
press releases and SEC reports, thereby inflating its results
and stock price during the class period.

In particular, Cree issued press releases announcing results for
its fiscal fourth quarter 2001, fiscal year 2002, and first
three fiscal quarters of 2003 and filed financial reports with
the SEC reporting on its results during such quarters.  These
press releases and SEC filings were materially false and
misleading when made because they failed to disclose that:

     (i) a material portion of the Company's revenues were
         generated from sales that were not at "arms length,"
         but rather were with related entities and therefore did
         not reflect the true demand for Cree's products;

    (ii) Cree failed to implement and maintain an adequate
         internal accounting control system;

   (iii) since 2002, Eric Hunter, the Company's former
         President, CEO and Chairman had warned the Company's
         board of directors that Cree was improperly accounting
         for transactions with related entities and was issuing
         and filing materially false and misleading press
         releases and financial reports; and

    (iv) a material portion of Cree's reported sales were
         improperly recognized and reported in the Company's
         financial statements in violation of Generally Accepted
         Accounting Principles during the class period.

The market first became aware of Cree's improper revenue
recognition practices on June 13, 2003, when Cree announced that
Eric Hunter had filed a private action accusing the Company of
violating the federal securities laws.  In response to this
news, the price of Cree common stock fell 18.5% in one day, from
$22.21 per share on June 12, 2003 to $18.10 per share on June
13, 2003.

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



CREE INC: Schatz & Nobel Commences Securities Fraud Suit in NC
--------------------------------------------------------------
The law firm of Schatz & Nobel, P.C. 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. (Nasdaq: 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 attorneys Andrew M. Schatz or Wayne T.
Boulton by Phone: (800) 797-5499, or by E-mail: sn06106@aol.com,
or visit the firm's Web site: http://www.snlaw.net


DIVINE INC.: Stull Stull Lodges Securities Fraud Suit in N.D. IL
----------------------------------------------------------------
Stull, Stull & Brody initiated a securities class action in the
United States District Court for the Northern District of
Illinois, Eastern Division, on behalf of purchasers of divine,
inc. (OTC:DVINQ.PK) securities between September 17, 2001
through and including February 18, 2003 defendants Andrew J.
Filipowski and Michael P. Cullinane.

The complaint charges defendants Andrew J. Filipowski (Chief
Executive Officer and Chairman of the Board of Directors) and
Michael P. Cullinane (Chief Financial Officer and Executive Vice
President) with violations of Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934, and Rule 10b-5 promulgated
thereunder, and with violations of Sections 11, 12(a)(2) and 15
of the Securities Act of 1933.

Throughout the class period, defendants issued a series of
material misrepresentations to the market between September 17,
2001, and February 18, 2003, which served to artificially
inflate the price of divine securities.  As alleged in the
complaint, defendants made material misrepresentations in a
Registration Statement and Joint Prospectus which was filed with
the Securities & Exchange Commission in connection with, inter
alia, the merger which was consummated on or about October 23,
2001 between divine, inc. and eshare communication, inc.

Defendants, in the Merger Proxy/Prospectus, which incorporated
by reference certain of divine's financial statements,
materially overstated the value of many of their acquisitions
which had deteriorated substantially post-acquisition, thus
causing the Company's financial results to be materially
overstated.  In addition the Complaint states that:

     (1) divine was engaged in a scheme of inflating its
         revenues by approximately $65 million by instructing
         employees of its wholly-owned subsidiary, RoweCom, Inc.
         to offer discounts to library customers that paid cash
         in advance -- months before payments were due to
         publishers -- even though divine had no plan to pay its
         obligations to publishers;

     (2) divine was fraudulently diverting nearly $74 million
         from RoweCom's operations;

     (3) divine lacked adequate financial and internal controls
         with respect to its RoweCom operations; and

     (4) as a result of the foregoing, divine lacked a
         reasonable basis to project profitability by year-end
         or an ability to maintain its operations without
         bankruptcy protections.

For more details, contact Howard T. Longman by Phone:
1-800-337-4893



INTERMUNE INC: Schiffrin & Barroway Files Lawsuit in N.D. CA
------------------------------------------------------------
The law firm of Schiffrin & Barroway, LLP initiated a securities
class action in the United States District Court for the
Northern District of California on behalf of all purchasers of
the common stock of InterMune Inc. (Nasdaq:ITMN) from October
24, 2002 through June 11, 2003, inclusive.

The complaint charges InterMune and certain of its officers and
directors with violations of the Securities Exchange Act of
1934. The complaint alleges that defendants made false and
misleading statements about one of the Company's leading
products, Actimmune.

Specifically the complaint alleges that defendants were aware
that:

     (a) InterMune's estimated number of patients on Actimmune,
         disclosed throughout the Class Period as an accurate  
         and valid means by which to register the level of
         strength of the demand for Actimmune, was "inherently"
         unreliable, inconsistent, and lacking in any
         accountable basis for presentation;

     (b) there had been disruptions and problems with
         InterMune's sales and marketing efforts, including
         extraordinary turnover and lack of proper training;

     (c) since at least the fourth quarter of fiscal 2002,
         InterMune was materially understating the level of
         inventory being held by its distributors, of which
         millions of dollars worth was being held in excess, and
         materially overstating its revenues;

     (d) InterMune lacked adequate and sufficient internal
         controls and systems; and

     (e) based on the foregoing, InterMune had no reasonable
         basis to issue its financial and operational
         projections.

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. On news of this, the Company's stock price fell 33% to
close at $16.74.

For more information, contact Marc A. Topaz, Esq. or Stuart L.
Berman, Esq. by Mail: Three Bala Plaza East, Suite 400, Bala
Cynwyd, PA 19004, by Phone: (toll free) 1-888-299-7706 or
1-610-667-7706, or by E-mail: info@sbclasslaw.com.



POLYMEDICA CORPORATION: Brodsky & Smith Files MA Securities Suit
----------------------------------------------------------------
Brodsky & Smith, LLC initiated a securities class action on
behalf of shareholders who purchased the common stock and other
securities of PolyMedica Corporation (NasdaqNM:PLMD) between,
July 23, 2001 and June 30, 2003 inclusive.  The lawsuit was
filed in the United States District Court for the District of
Massachusetts.

The complaint alleges that defendants violated federal
securities laws by issuing a series of material
misrepresentations to the market during the class period,
thereby artificially inflating the price of the Company's
securities.

Specifically, the complaint alleges that throughout the class
period, PolyMedica understated its operating expenses and
overstated its assets, thus creating a false impression of
efficiency with the overall effect being that PolyMedica misled
investors concerning its growth and earnings.

For more details, contact Marc L. Ackerman or Evan J. Smith by
Mail: Two Bala Plaza, Suite 602, Bala Cynwyd, PA 19004, by
Phone: 877-LEGAL-90 or by E-mail: clients@brodsky-smith.com



                        *********

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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