/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/020228.mbx C L A S S A C T I O N R E P O R T E R Thursday, February 28, 2002, Vol. 4, No. 42 Headlines COLORADO: Denver Appeals State Court Ruling On Photo Radar System COUNTRY STYLE: Landlords Mull Suit Over Lost Leases Due To Bankruptcy CREMATORY LITIGATION: GA Residents File Another Suit Over Desecrations HOLLYWOOD WRITERS: Revive Age Bias Suit V. Networks, Studios, Agencies HYPERION BOOKS: Offers Free Books To Settle Beardstown Club Books Suit INGERSOLL-RAND COMPANY: Recalls 458T Air Compressors For Injury Risk NEW ZEALAND: Car Dealers To Sue Transport Minister Over Import Rules OXYCONTIN LITIGATION: Purdue, Abbott Face Two Consumer Fraud Suits PREPAID LEGAL: Former Members File Suit For Fraud, Breach of Contract PREPAID LEGAL: Faces Suit Relating To Commissions Practices in Oklahoma RACING CHAMPIONS: CA Court Yet To Grant Certification to Consumer Suit ROTO ZIP: Voluntarily Recalls 1.9M Hand-held Saws For Injury Hazard RR DONNELLEY: Appealing Statute of Limitations Ruling in Race Bias Case RR DONNELLEY: July Date Set For Age Discrimination Claims Hearing RR DONNELLEY: Former Employees Claims Re ERISA Violations Denied UNITED STATES: Group Seeks Compensation For Mistakenly Shot-Down Plane WEST VIRGINIA: House Committee Endorses Bill Limiting Insurance Suits Securities Fraud ALCATEL ALSTHOM: Settlement Reached Over 1998 Share Price Downturn AREMISSOFT CORPORATION: NJ Court Consolidates Multiple Securities Suits CORNING INC.: Weiss Yourman Initiates Securities Suit in W.D. New York ELAN CORPORATION: Carr Tabb Commences Securities Fraud Suit in N.D. GA HANOVER COMPRESSOR: Faruqi Faruqi Initiates Securities Suit in S.D. TX IMCLONE SYSTEMS: Berger Montague Commences Securities Suit in S.D. NY IRVINE SENSORS: Bernstein Liebhard Lodges Securities Suit in C.D. CA LASON INC.: Multiple Securities Suits Remain in Preliminary Stage NVIDIA CORPORATION: Bernstein Liebhard Files Securities Suit in N.D. CA OXFORD HEALTH: Securities Violations Suit Discovery Ongoing in S.D. NY QWEST COMMUNICATIONS: Shareholder Files Suit Over KMC Telecom Deal QWEST COMMUNICATIONS: Weiss Yourman Initiates Securities Suit in CO RENT-A-CENTER INC.: Bernstein Liebhard Lodges Securities Suit in TX RHYTHMS NETCONNECTIONS: Bernstein Liebhard Lodges Securities Suit in CO ********* COLORADO: Denver Appeals State Court Ruling On Photo Radar System ----------------------------------------------------------------- The City of Denver, Colorado appealed a state judge's ruling declaring its photo radar program "unconstitutional" in the Denver District Court, the Denver Channel reports. State Judge Mary Celeste declared void four photo-radar tickets and ruled that the City improperly delegated police functions to a photo radar contractor by allowing its employees to view the photos and determine whether tickets should be issued. She also ruled that the contract between the City and ACS State and Local Solutions violated Colorado law. As a result, the City suspended its multi-million dollar radar program. A class action was also commenced early this month seeking refunds for the fines paid under the system. City officials have said that when the program is reinstated, the photo radar vans will be stationed only in school zones and on neighborhood streets, according to the Denver Channel. Some critics have said the vans were being placed on thoroughfares to increase revenue. COUNTRY STYLE: Landlords Mull Suit Over Lost Leases Due To Bankruptcy --------------------------------------------------------------------- Disenfranchised landlords are considering the filing of a class action against Country Style Food Services Inc. after the Company filed for bankruptcy protection, the Globe and Mail reports. The landlords reportedly signed 10-to-15 year leases with the Company, but were left with no more than one month's rent after the Company filed for protection under the Companies' Creditors Arrangement Act (CCAA). Landlord Guy Beaulie is talking with seven other landlords in Ontario about taking Country Style to court. He told Globe and Mail, "We're taking a pill like every other landlord." Mr. Beaulie added he has been left with debts of $250,000 on a useless, empty building that is costing him $1,000 a month in taxes and utilities, saying "Country Style came in and took all the kitchen equipment.They left a hell of a mess." Company President Patrick Gibbons did not deny the charges, saying "I can only apologize for the errors of the past," he said in a telephone interview with the Globe and Mail, "I've got 102 angry landlords on my hands." He asserted that the cause of the doughnut chain's bankruptcy was outdated outlets and poor locations in a highly competitive environment, "The Company was insolvent.The CCAA (process) is not pretty. The majority of people will benefit, but there is some pain. Some landlords can only lose." Experts believe that the debacle brings to light a huge flaw in Canada's franchise industry in that the franchisors usually hold all the power, leaving nothing for landlords and franchisees. Mr. Beaulieu said it would be very difficult to find another operator because their communities are already overbuilt with fast-food franchises. He and a group of other landlords have asked Ontario Premier Mike Harris for help. However, Mr. Beaulieu admits a class action could be difficult, costly and hard to organize. "I lobbied seven landlords in Northern Ontario," Mr. Beaulieu said. "Everybody is in, but nobody wants to pay." If they go to court, there is no guarantee they will win. Even if they do win, Mr. Stewart said, it may not do them any good. They "may find themselves three years hence with a 100-per-cent legal victory against a bankrupt entity." CREMATORY LITIGATION: GA Residents File Another Suit Over Desecrations ---------------------------------------------------------------------- Residents of Cleveland and Bradley County, Georgia have filed another class action in the Superior Court of the State of Georgia relating to the desecrations allegedly committed by Tri-State Crematory. Last week, federal investigators discovered more than 300 bodies that should have been cremated, dumped in the crematory grounds. The suit asserts claims pursuant to the Georgia Civil Practice Act on behalf of all persons who paid for cremation services for their loved ones and relatives to be performed at Tri-State. According to the suit, the claims are based upon: (1) outrageous conduct, (2) fraudulent conduct, (3) intentional infliction of emotional distress, (4) breach of contract, (5) gross and reckless misconduct, (6) violations of various Georgia and Tennessee laws and statutes governing cremations and business practices, and (7) indecent acts and omissions The suit names as defendants: (i) T. Ray Brent Marsh, owner and operator of the Tri-State Crematory, (ii) Marsh Funeral and Cremation Services, (iii) Prime Succession Holdings, (iv) Prime Succession of Tennessee, and (v) Buckner-Rush Funeral Home The suit claims that "Instead of performing the services in the solemn manner and pursuant to the solemn duty and obligation owed to the families, the defendants directly or by implication of law, breached the most basic duties of contract and basic rules of common decency." "The defendants intentionally and recklessly mistreated the human bodies, stacked them together and returned containers filled with ashes, sticks, insects, sand, gravel, ground masonry particles and other things to the funeral homes for delivery to the families of the deceased," the suit continues. The suit claims the defendants violated the Tennessee Consumer Protection Act and the Georgia Fair Business Practice Act, in that the plaintiffs were consumers and the defendants provided goods and services, and in doing so engaged in unfair and deceptive acts and practices, according to a Cleveland Banner report. HOLLYWOOD WRITERS: Revive Age Bias Suit V. Networks, Studios, Agencies ---------------------------------------------------------------------- Television writers filed a total of 23 separate class actions against major Hollywood studios, TV networks and talent agencies for age discrimination, after a federal judge dismissed a similar class action last month for the reason that multiple defendants could not be sued in a single action, Reuters reports. The new suit is substantially similar to the original complaint filed last year, alleging that older Hollywood writers were finding it difficult to clinch writing jobs in a culture that is geared toward younger audiences. The plaintiffs contend that most movies, TV shows, videos and DVDs were increasingly geared towards the youth sector. According to Reuters the suit contends that TV networks gear programming to fit 18-to 49-years- old. Movie producers do likewise, seeing the chunk of their box office profits from younger audiences. As a result, the suit contends that studios and networks want to hire only young writers to create stories for youthful audiences, and that each of the defendants engaged in a pattern or practice of refusing to hire or represent them because of their age. The suit adds that talent agents only wanted to represent young talent leaving older writers with little or no opportunities. Defendants include all the major broadcast TV networks, NBC, ABC, CBS, Fox, the WB and UPN, as well as movie studios such as Disney's Touchstone Pictures, Warner Bros. and 20th Century Fox. Talent agencies include the William Morris agency, Creative Artists Agency and International Creative Management Inc., among others. Plaintiffs' attorney Paul Sprenger told Reuters, "Judge Wilson told us that we couldn't sue all of the defendants in one class action case, so we have sued each of them separately." He added that the Judge ruled that federal law doesn't apply to talent agencies, so the group sued the defendants in California State Superior Court. HYPERION BOOKS: Offers Free Books To Settle Beardstown Club Books Suit ---------------------------------------------------------------------- Hyperion Books agreed to settle four class action suits filed by purchasers of the Beardstown Ladies Club series, after discovering that the investment strategies described in the book were false, according to an Associated Press report. The Walt Disney subsidiary published the books about a group of women with an average age of 70 who formed an investment group in 1983 in Beardstown, Illinois. The books expounded on the women's stock market strategies that allegedly helped them earn a 23.4% return over 10 years, starting 1984. The books became bestsellers. It was later discovered the claim was false and the club revised their earnings to 9.1%. In March 1998, the group apologized. Under the settlement, purchasers of a Beardstown-themed book, video or audiotape can get a new book from the Company for free, by presenting a proof of purchase, either the book's Library of Congress catalogue number page or the tape box. This was revealed by plaintiffs' attorney Andrew August, who told Associated Press, "We would never have gotten a better result at trial.We were very pleased with the list of books." He added that the cover prices of the free books run as high as $25, more than the price of hardback copies of the Beardstown. The settlement has yet to be approved by a San Francisco State Court, which has scheduled a fairness hearing for May 23,2002. INGERSOLL-RAND COMPANY: Recalls 458T Air Compressors For Injury Risk -------------------------------------------------------------------- Ingersoll-Rand Company is cooperating with the US Consumer Product Safety Commission (CPSC) by voluntarily recalling about 458,000 portable air compressors sold between 1983 and 1991. Internal corrosion to the inner wall of the air receiver tank can cause the air tank to unexpectedly rupture allowing pressurized air to suddenly and forcefully escape, posing risk of injury to consumers. The Company has received 11 reports of sudden tank failure in these portable air compressors. The recalled portable compressors have single-phase electric motors up to 3 hp or gasoline engines up to 8 hp with tank sizes up to 30 gallons. The compressors were marketed under various brand names, including Ajax, Charge Air Pro, Energair, Guardian Power, MacTool, Power Force, Rallye, Rand 4000, and Steel Driver. The compressors have serial numbers beginning with the prefix "C" or "DC." The model numbers begin with the following prefixes - 1B, 1D, 1E, 1I, 2B, 2D, 2E, 3B, 3D, 3E, 4B, 4E, 5E, 5G, 15E, 23HP, 75, 75E, 250E, AB, AIR, AJ, C, CAP, CB, CL, CO, CP, CR, CS, CT, EA, GC, GP, HP, HPC, IR, IRC, LTD, MT, OI, PF, RA, RL, RP, RY, SC, SDS, SE, THP, and WB. Model and serial numbers are located on a plate or sticker attached to the outside housing of the air compressor. On some oil-less models, the model and serial numbers are affixed to an internal floor baffle beneath a removable plastic cabinet. Hardware and construction supply stores nationwide sold the air compressors from 1983 through 1991 for between $150 and $400. Air compressor receiver tanks do not have an infinite life. Tank life is dependent upon several factors, some of which include operating conditions, ambient conditions, proper installations, field modifications, and the level of maintenance. The exact effect of these factors on air receiver life is difficult to predict. Due to the current age of these products, Ingersoll-Rand is voluntarily undertaking this action to take these products out of service. For further details, contact the Company by Phone: 877-552-2952 between 8 am and 5 pm ET Monday through Friday or visit the firm's Web site: http://www.air.ingersoll-rand.com. NEW ZEALAND: Car Dealers To Sue Transport Minister Over Import Rules -------------------------------------------------------------------- New Zealand used car dealers are organizing a class action suit against Transport Minister Mark Gosche, after he drafted new rules stating that from April, imported cars will need built-in safety features to protect against front-end crashes, the New Zealand National Business Review reports. Christchurch used car dealer, Gary Sefton, is spearheading the suit, which more than 300 dealers have expressed interest in joining. Mr. Sefton said the changes would exclude most Japanese cars made between 1994 and 1996 and would drive many dealers out of business. According to the National Business Review, the country's reputation as one of the world's cheapest places to buy cars will change with the policies. Minister Gosche has announced that new safety requirements include frontal impact systems that were not introduced on Japanese-made cars until 1994-6. Only cars meeting approved frontal impact standards will be allowed registration for use on New Zealand roads from April. OXYCONTIN LITIGATION: Purdue, Abbott Face Two Consumer Fraud Suits ------------------------------------------------------------------ Purdue Pharma, maker of the pain-killer Oxycontin, and Abbott Laboratories, its marketing partner, face a class action filed on behalf of OxyContin patients alleging that the two Companies defrauded consumers by exaggerating the drug's effectiveness and minimizing its addictive nature. The suits were filed in New Jersey and Washington, DC. According to the suits, Oxycontin's controlled-release feature does not release consistent and sufficient amounts of its active ingredient, oxycodone, to pain patients instructed to take the drug every 12 hours. Patients are then left in a lurch during the latter stages of their 12- hour dosing interval, and either wind up taking a higher dosage, increasing their number of OxyContin dosages, or repeatedly taking "rescue medications" consisting of other immediate release oxycodone products, some of which Purdue also markets. According to Neil Henrichsen of Henrichsen Seigel, PLLC, one of the law firms bringing the suit, "Purdue and Abbott heralded OxyContin as a `significant advance' and the `first 12-hour oxycodone analgesic.' However, they knew that the drug didn't work that well, and that most patients would need to take it three times a day, or even more." The suits also recite several instances where the two companies downplayed the addiction risks of OxyContin. For instance, in a videotape created by Purdue to be played for patients, the narrator seeks to alleviate patient fears of addiction by stating, "Some patients may be afraid of taking opioids because they are perceived as too strong or addictive. But that is far from actual fact. Less than 1% of patients taking opioids actually become addicted." "That's totally untrue," according to Stephen D. Annand of Cohen Milstein Hausfeld and Toll. "Purdue and Abbott substantially understated the addiction risks to increase sales of OxyContin. They spread the word throughout the medical community that this drug worked well, with little risk of addiction. They knew from studies they themselves sponsored, that most patients needed to take OxyContin more than twice a day, and that many would end up becoming addicted and abusing the drug." The suits seek refunds and reimbursements for OxyContin purchasers who obtained the drug through a legal prescription in New Jersey or Washington, DC. The suits do not cover patients seeking to assert personal injury claims, which would have to be pursued separately. "Tragically," says Mr. Annand, "while the Companies purport to be virtual saviors to millions of pain patients, their defective product, and their aggressive and deceptive marketing of it, have ravaged the very patient population they say they seek to serve." For more information visit the firm's Web sites: http://www.cmht.com (Cohen Milstein Hausfeld and Toll) or http://www.hslawyers.com (Henrichsen Siegel PLLC.) PREPAID LEGAL: Former Members File Suit For Fraud, Breach of Contract --------------------------------------------------------------------- Prepaid Legal Services, Inc. faces multiple class actions commenced in the second quarter of 2001 against the Company, certain of its sales associates and other unnamed defendants. The suits were filed in Alabama State courts by current or former members of the Company alleging breach of contract and fraud in connection with the sale of memberships. As of January 30, 2002, the Company was aware of 20 separate lawsuits involving approximately 110 plaintiffs that have been filed in multiple counties in Alabama and it is possible that additional cases will be filed. The Company denies the allegations in the suits. However, these cases are all in the preliminary stages and the ultimate outcome is not determinable. PREPAID LEGAL: Faces Suit Relating To Commissions Practices in Oklahoma ----------------------------------------------------------------------- Prepaid Legal Services, Inc. faces a class action filed in the District Court of Canadian County, Oklahoma on behalf of all of the Company's sales associates, relating to the Company's practices of advancing commissions to sales associates. The suit alleges violations under the: (1) Oklahoma Consumer Protection Act, (2) Oklahoma Uniform Consumer Credit Code and (3) breach of contract The Company denies the allegations, raising affirmative defenses and intends to vigorously defend this case. While the ultimate outcome of these proceedings is not determinable, the Company does not currently anticipate that these contingencies will result in any material adverse effect to its financial condition or results of operation. RACING CHAMPIONS: CA Court Yet To Grant Certification to Consumer Suit ---------------------------------------------------------------------- The California State Court has yet to certify as a class action the lawsuit filed against Racing Champions South, Inc., and several other defendants, on behalf of all US residents who purchased sports cards manufactured, licensed, marketed, sold or distributed by any defendant within a time period of up to four years. The suit alleges that RCS has violated the California unfair trade practices and consumer protection laws by selling packs of sports trading cards containing random assortments of varying values. In May 2001, the Court denied the defendants' motion for summary judgment. The defendants promptly filed an appeal with the California Supreme Court, but in September 2001, the Supreme Court denied permission to the defendants to appeal the denial of their motion for summary judgment. The plaintiffs' motion for class certification is currently pending with the trial court. RCS disputes these claims and says it intends to vigorously defend its position, although no assurance can be given as to the outcome of this matter. RCS is also confident that the probable resolution of such contingencies will not materially affect its financial position or operations. ROTO ZIP: Voluntarily Recalls 1.9M Handheld Saws For Injury Hazard ------------------------------------------------------------------ Roto Zip Tool Corporation is cooperating with the US Consumer Product Safety Commission (CPSC) by voluntarily recalling about 1.9 million handheld saws. The handles on these saws can separate from the body, causing the operator to be cut. The Company has received 360 reports of loose or separating handles on the saws. As a result, there have been 19 reports of injuries to consumers, including some cuts requiring stitches. The recall includes Revolutionr, RebelT and SolarisT model Spiral SawT power tools. The brand name and "ROTOZIP SPIRAL SAW" are written on the side of the tools. The saws are mostly black or red. The recalled saws include the serial numbers listed below: (1) Saw Model: Revolutionr, Serial Number Range: 01 through 1,145,000, (2) Saw Model: RebelT, Serial Number Range: 01 through 415,000, (3) Saw Model: SolarisT, Serial Number Range: 01 through 270,000 Home, hardware and department stores, and infomercials sold these saws nationwide from December 1999 through January 2002 for between $50 and $190. For more details, contact the Company by Phone: 800-920-1467 between 7 am and 7 pm CT any day of the week, or visit the firm's Web site: http://www.rotozip.com RR DONNELLEY: Appealing Statute of Limitations Ruling in Race Bias Case ----------------------------------------------------------------------- RR Donnelley and Sons, Co. faces a consolidated class action pending in the US District Court in Chicago, Illinois on behalf of its current and former African-American employees, accusing the Company of racial discrimination and violation of the Civil Rights Act of 1871, as amended, and the US Constitution, relating to the closure of the Company's Chicago catalog operations in 1993. The suit arose from two class actions commenced in November 1996, and June 1998, making similar discrimination claims. The suits further alleged that the Company retaliated against them for filing of discrimination charges or otherwise complaining of race discrimination. In April, 2001, in an amended opinion, the Court certified three plaintiff classes applicable to the two actions: (1) a class consisting of African-American employees discharged in connection with the shutdown of the Chicago catalog operations; (2) a class consisting of African-American employees of the Chicago catalog operations after November 1992 who were other than permanent employees; and (3) a class consisting of African-Americans subjected to an allegedly hostile working environment at the Chicago catalog operations, the Chicago Financial, Pontiac or Dwight, Illinois, manufacturing operations. The Judge also consolidated both cases for pretrial purposes. In June 2001, the Court ruled that a four-year, rather than a two-year, statute of limitations applied to classes one and three. The Company filed an appeal regarding this ruling, and in August 2001, the Appellate Court granted the Company leave to appeal the issue of the appropriate statute of limitations to apply to the first and third plaintiff classes. The Company states in a disclosure to the Securities and Exchange Commission its intention to mount a vigorous defense to the suit. RR DONNELLEY: July Date Set For Age Discrimination Claims Hearing ----------------------------------------------------------------- Older employees of RR Donnelley and Sons Company filed a class action in Chicago Federal Court, alleging that they were discriminated against in selection for termination upon the closing of the Chicago catalog operations. The suit also alleges that the company violated the Employee Retirement Income Security Act (ERISA) in determining benefits payable to retiring or terminated employees. In August 1997, the Court granted class certification to the suit. The court later ruled on summary judgment motions of the parties in an October 2001 order, further clarified by an order dated January 25, 2002. While ruling that permanent employees who received special augmented separation pay in conjunction with the closure of the Chicago catalog operations were not eligible for regular separation pay, and that special augmented separation pay was not payable to employees other than those considered permanent employees at the date of closure, the Judge ruled that permanent employees who elected to receive enhanced retirement benefits were also eligible to receive regular separation pay. The order also set for trial in July 2002, the claims related to age discrimination. The Company says it has meritorious defenses to the suit and vows to vigorously oppose. However, it made no assurances that a decision will be made in their favor. RR DONNELLEY: Former Employees Claims Re ERISA Violations Denied ---------------------------------------------------------------- RR Donnelley and Sons Company faces yet another class action filed in Chicago Federal Court on behalf of certain of the Company's employees affected by the Chicago catalog operations shutdown in 1993, alleging violations of the Employee Retirement Income Security Act (ERISA). The suit alleges that enhanced pension benefits were not paid to plaintiffs and that plaintiffs are being required to contribute to the costs of retiree medical coverage, both in violation of plan documents and ERISA. As of February 1, 2002, administrative review of the plaintiffs' claims was completed, and the claims denied. The suit relates primarily to the circumstances surrounding the closing of the Chicago catalog operations. The Company believes that it acted properly in the closing of the operations. The Company further asserts that it has a number of valid defenses to all of the claims made and will vigorously defend its actions. However, management is unable to make a meaningful estimate of any loss that could result from an unfavorable outcome of any of the pending cases. UNITED STATES: Group Seeks Compensation For Mistakenly Shot-Down Plane ---------------------------------------------------------------------- A group of Baptists, whose members and relatives perished after a CIA- operated surveillance plane shot down the missionary group's Cessna in Peru after mistakenly identifying it as a possible drug-smuggling flight, is asking for $35 million in compensation from the US government, the Associated Press reports. According to Donald Davis, corporate counsel for the group, talks are ongoing between the group and officials from the CIA and Justice Departments to reach a settlement. The group includes Jim Bowers, whose wife, Veronica Bowers, and infant daughter, Charity, were killed, and the Association of Baptists for World Evangelism. Mr. Davis told AP, "Since then we've not received any communication other than promises to meet again.We have yet to receive any counteroffer or anything that might be a proposal." An inquiry into the tragedy has revealed that "procedural errors, language problems and overloaded communications system" led to the accidental downing. The US crew reportedly realized the flight was innocent but were unable to stop the Peruvians from shooting. According to Associated Press, Bill Harlow, CIA spokesman, declined to comment and dismissed allegations that the government was seeking to delay compensation. Rep. Peter Hoekstra, R-Mich., and Sen. Arlen Specter, R-Pa., planned to meet with the CIA and State Department "to answer the question, `What's the holdup here?'" Mr. Hoekstra added, "Our government and the Peruvian government collaborated in the shooting down of an innocent plane.This thing needs to be settled." WEST VIRGINIA: House Committee Endorses Bill Limiting Insurance Suits --------------------------------------------------------------------- Handing a major victory to the insurance industry and a rebuke to West Virginia's Supreme Court, a House Committee recently endorsed a bill designed to revoke effects of the court's decision in the case of Mitchell v. Broadnax (Broadnax), the Associated Press reported recently. A special 13-member Committee approved a sweeping measure that says the Justices wrongly interpreted a 1979 state insurance law by their ruling in Broadnax, the bill would wipe out all lawsuits based on that decision. In the case of Mitchell v. Broadnax, decided in 2000, the Court essentially held that exclusions in coverage were void without an adjustment in premiums for less coverage. Insurers say that is counter to the way policies are written in 49 states, and insurance lobbyists flocked to West Virginia seeking legislation designed to weaken the effects of Broadnax. The bill would prevent three types of lawsuits by policyholders claiming they should be covered because their insurer failed to explicitly spell out a coverage exclusion: (1) first, it blocks class actions by those seeking rebates of past premiums; (2) second, it eliminates "Broadnax" lawsuits from the time of the bill's signing; (3) third (and most controversially), it extinguishes all lawsuits brought in the last decade that seek to use the Supreme Court's Broadnax interpretation. Opponents of the bill say the language extinguishing existing cases is unconstitutional. The bill's sponsor, House Judiciary Committee Chairman Jon Amores, D-Kanawha, takes a different position, saying, "If Broadnax was wrongly decided, it was wrong in the past as well as in the future. Is the language banning retroactive cases constitutional? I'll leave that to the courts." The bill would achieve its objective of eliminating the operation of Broadnax, as to past, present and future claims by mandating the use of an administrative process: (i) any policyholder who claims his/her exclusions are ill-defined can seek relief only from the state Insurance Commission, not the courts; (ii) the Commission can determine that a claimant's rates are excessive and can award attorney fees and costs, but claimants cannot obtain other relief - not damages nor even a revocation of a policy the Commission finds discriminatory Opponents succeeded in adding a provision blocking insurers from writing exclusions relating to uninsured and underinsured coverage on vehicles owned by the claimant but not covered by his/her policy. A similar exclusion inspired the Broadnax lawsuit in the first place. Insurers call that provision a poison pill that might block their support for the entire bill when it reaches the House floor. Securities Fraud ALCATEL ALSTHOM: Settlement Reached Over 1998 Share Price Downturn ------------------------------------------------------------------ Telecommunications company Alcatel faces a consolidated class action pending in the United States District Court for the Eastern District of Texas, in connection with the fall in the share price which followed the Company's September 1998 announcement of its half-year results. The consolidated suit arose from several class actions challenging the accuracy of certain public disclosures made by the Company regarding its financial condition during the first nine months of 1998. The suits were filed on behalf of persons who: (1) acquired Company American Depository Shares (ADSs) in connection with its acquisition of DSC Communications Corporation in September 1998; (2) purchased Company ADSs between March 19, 1998 through September 17, 1998, or (3) acquired call and put options on Company ADSs between March 19, 1998 and September 17, 1998. The Company moved to dismiss the complaints brought by the two categories of plaintiffs. In November 1999 and again in June 2000, the Court dismissed the complaint of those persons who acquired ADSs and call and put options between March 19, 1998 and September 17, 1998. Those plaintiffs have appealed. The Company contests the merit of this claim and intends to continue vigorously defending against it The claims asserted by the other group of plaintiffs, representing those parties that received ADSs during the exchange offer by the Company to acquire DSC were partially dismissed by the court. Thereafter, the parties conducted pre-trial discovery on the remaining claims, and the Company moved for summary judgment seeking dismissal of the said suit. Prior to any ruling on the summary judgment, the Company and the plaintiffs entered into an agreement, which provides for the settlement of the litigation and was approved by the Court on December 18, 2001. The Company continues to deny any liability or wrongdoing with respect to this litigation. AREMISSOFT CORPORATION: NJ Court Consolidates Multiple Securities Suits ----------------------------------------------------------------------- The United States District Court for New Jersey consolidated the seven class actions pending against AremisSoft Corporation and two of its officers, alleging federal securities violations. Gunner Torderlund commenced the first suit in May 2001, after which six similar suits were filed, on behalf of all persons who purchased the Company's common stock between December 17, 1999 and May 17, 2001. The suits allege that the defendants violated 10(b) of and Rule 10b-5 under the Exchange Act and additionally that the individual defendants are liable as controlling persons under 20(a) of that Act. The plaintiffs stipulated among themselves as to the appointment of George D. Bjurman and Associates, Ralph DeLuca, Keystone Trading Partners, and Andy Win as lead plaintiffs and the appointment of a lead counsel, and successfully moved to consolidate the actions on August 27, 2001 CORNING INC.: Weiss Yourman Initiates Securities Suit in W.D. New York ---------------------------------------------------------------------- Weiss and Yourman commenced a securities class action against Corning, Inc. (NYSE:GLW) and certain of its officers and directors was commenced in the United States District Court for the Western District of New York, on behalf of purchasers of Company securities between September 27, 2000 and July 10, 2001. The suit names as defendants the Company and: (1) Roger G. Ackerman, (2) Katherine A. Asbeck and (3) James B. Flaws The suit alleges violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. The complaint alleges that defendants issued false and misleading statements, which artificially inflated the stock. For further details, contact James E. Tullman, David C. Katz, and/or Mark D. Smilow by Mail: The French Building, 551 Fifth Avenue, Suite 1600 New York NY 10176 by Phone: 888-593-4771 or 212-682-3025 or by E- mail: info@wynyc.com ELAN CORPORATION: Carr Tabb Commences Securities Fraud Suit in N.D. GA ---------------------------------------------------------------------- Carr, Tabb, Pope & Freeman, LLP initiated a securities class action suit against Elan Corporation, PLC (NYSE:ELN) and several of the Company's senior executives on behalf of all persons who purchased the American Depository Receipts (ADRs) and corresponding common stock of Elan during the period between April 30, 1999 to February 4, 2002, inclusive. The suit, filed in the Gainesville, Georgia Division of the United States District Court for the Northern District of Georgia, alleges the defendants caused Elan to falsely report favorable financial results that were in violation of generally accepted accounting principals (GAAP) by, among other things, improperly recognizing revenues from joint ventures and/or improperly recognizing income related to deals with companies in which the Company had invested, and/or concealing material related-party transactions. Revelations about the defendants' fraud came to light on January 30, 2002 and February 4, 2002. On January 30, 2002, The Wall Street Journal published an article concerning the Company's accounting methods entitled, "Research Partnerships Give Irish Drug Maker Rosy Financial Glow." Despite having announced on January 28, 2002 (just two days prior to the WSJ Article) that it was "comfortable" with the analysts' consensus on its earnings, the Company announced on February 4th that its performance would not be anywhere close to analysts' expectations with earnings for the 4th quarter 2001 dropping 84% and its profits for fiscal year 2001 falling far short of analysts' estimates. The suit further alleges that, as a result of these misrepresentations, Elan stock traded as high as $65 during the class period. On February 4th, the market price of Company ADRs dropped $15.10 per share, losing over 40% of their value in one day of trading. For more information, contact Pitts Carr or Render C. Freeman by Phone: 888-755-1649 or by E-mail: pcarr@ctpflaw.com. Inquiries by e-mail should include mailing address and telephone number. HANOVER COMPRESSOR: Faruqi Faruqi Initiates Securities Suit in S.D. TX ---------------------------------------------------------------------- Faruqi and Faruqi LLP commenced a securities class action in the United States District Court for the Southern District of Texas on behalf of all purchasers of Hanover Compressor Company (NYSE:HC) securities between November 8, 2000 and January 28, 2002, inclusive. The suit charges defendants with violations of federal securities laws by, among other things, issuing a series of materially false and misleading press releases concerning the Company's financial results and business prospects. Specifically, the complaint alleges that Hanover failed to disclose facts relating to a partnership in which it had an equity interest, including that it used income from that partnership to overstate revenue and income for the third quarter and fourth quarters of fiscal 2000. Moreover, it is also alleged that the Company was engaged in improper and/or suspect accounting practices which affected the accuracy of its financial results and that, contrary to the statements filed with the SEC during the class period, the Company's financial statements issued during the class period were not prepared in accordance with generally accepted accounting principles (GAAP). As a result, the Hanover's securities were artificially inflated throughout the class period. For more details, contact Anthony Vozzolo by Mail: 320 East 39th Street, New York, NY 10016 by Phone: 877-247-4292 or 212-983-9330 by E- mail: Avozz@faruqilaw.com or visit the firm's Web site: http://www.faruqilaw.com IMCLONE SYSTEMS: Berger Montague Commences Securities Suit in S.D. NY --------------------------------------------------------------------- Berger & Montague, PC initiated a securities class action against ImClone Systems, Inc. (Nasdaq: IMCL) and two of its principal officers in the United States District Court for the Southern District of New York, on behalf of all who purchased or otherwise obligated themselves to purchase the Company's securities during the period from May 12, 2001 through January 7, 2002. This complaint differs from previously filed class actions against the Company, in that it is filed on behalf of all persons or entities who purchased or obligated themselves to purchase any Company securities, and is not limited to purchasers of common stock. The suit alleges that defendants violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and SEC Rule 10b-5 by making false and misleading statements regarding ImClone's lead cancer drug, ERBITUX or IMC-C225, and the prospects for near-term approval of that drug for the treatment of colorectal cancer by the US Food and Drug Administration (FDA). Among other things: (1) defendants repeatedly represented that ERBITUX was a blockbuster drug that would become "one of the important new drugs in the history of oncology;" (2) defendants told investors that ERBITUX would "be on the market next year" for the treatment of colorectal cancer, and that they were confident that the drug would be evaluated at the February 2002 meeting of the FDA Advisory Committee, stating, "We believe we'll be before the FDA Oncology Drug Advisory Committee in February and the drug should be approved shortly thereafter;" and (3) defendants represented that the results of the Company's clinical trial of ERBITUX in the treatment of patients with colorectal cancer produced results that exceeded FDA requirements. The suit alleges that these statements were materially false and misleading because, among other things: (i) contrary to directives to the Company by the FDA, the trial was not designed to demonstrate that ERBITUX was responsible for the reported results; (ii) the clinical trial on which the application was based was seriously flawed by the protocol violations, and was not "adequate and well controlled;" and (iii) the safety database for the trial was incomplete and contained inconsistencies and discrepancies. As such, ImClone knew or should have known that the FDA would refuse to file the Company's defective application, which would have a disastrous effect on the price of its securities. The suit further alleges that defendants made these false and misleading statements, in part, in order to convince Bristol-Myers Squibb Co. to purchase $1 billion of Company stock, of which approximately $150 million was tendered by Company insiders, including the individual defendants, and to persuade Bristol-Myers to make an additional $1 billion cash investment in the Company. On December 28, 2001, ImClone shocked the market by issuing a press release that disclosed that the FDA had rejected its filing of a Biologics License Application (BLA) for ERBITUX. Company shares plummeted $11.15, or 20%, to $44.10. On January 4, 2002, a publication known as "The Cancer Letter" reported that the FDA repeatedly informed ImClone about the clinical trials' problems during and before the class period. After these additional facts were disclosed, the price of Company stock fell further to open on January 7, 2002 at $34.96 per share. On January 9, 2002, the Company issued a press release, which admitted that ImClone "may need to conduct new trials of.ERBITUX, potentially delaying the treatment's launch by months." For further details, contact Sherrie R. Savett, Carole A. Broderick or Kimberly A. Walker by Mail: 1622 Locust Street, Philadelphia, PA 19103 by Phone: 888-891-2289 or 215-875-3000 by Fax: 215-875-5715 by E-mail: InvestorProtect@bm.net or visit the firm's Web site: http://www.bergermontague.com IRVINE SENSORS: Bernstein Liebhard Lodges Securities Suit in C.D. CA -------------------------------------------------------------------- Bernstein Liebhard and Lifshitz LLP commenced a securities class action in the United States District Court for the Central District of California on behalf of persons who acquired Irvine Sensors Corporation (NASDAQ: IRSN) common stock between January 6, 2000 and September 15, 2001, inclusive. The suit alleges that the Company, a high-tech research and development firm, along with certain of its officers and directors, violated federal securities laws, by repeatedly maintaining throughout the class period, that Silicon Film Technologies, Inc., a majority-owned subsidiary, was near completion of its Electronic Film System or "EFS- 1," a device which would interface with a conventional camera to enable the camera to take digital pictures, all the while knowing that the EFS-1 was suffering from serious and insurmountable technical design flaws. On September 15, 2001, after nearly two years of touting the EFS-1 technology, ISC abruptly announced that SFI had suspended operations and was considering bankruptcy, essentially ending the EFS-1 project. This news caused its stock price to plummet from a class period high of $14 a share to a low of 12 cents. According to the suit, due to defendants' deceptive and illegal conduct, the Company's stock price was artificially high throughout the class period, causing plaintiff and the other class members to purchase their securities at inflated prices. For further details, contact Linda Flood, Director of Shareholder Relations, by Mail: 10 East 40th Street, New York, New York 10016 by Phone: 800-217-1522 or 212-779-1414 by E-mail: IRSN@bernlieb.com or visit the firm's Web site: http://www.bernlieb.com LASON INC.: Multiple Securities Suits Remain in Preliminary Stage ----------------------------------------------------------------- Lason, Inc. and certain of its executive officers face several securities suits commenced on December 1999 in various United States federal courts, on behalf of purchasers of the Company's shares from August 14, 1998, through December 17, 1999. The suits generally allege that the defendants made public statements concerning the Company's revenues and earnings and inflated the market price of the shares of its common stock. The suits allege violations of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder, and one complaint alleges violations of the Securities Act of 1933. The suits seek unspecified damages allegedly incurred as a result of the decline in the market price of shares of Lason's common stock after it announced on December 17, 1999 that it expected lower fourth quarter earnings per share as compared with consensus analysts' estimates. These actions are in a preliminary stage. However, the Company believes, based on the advice of outside legal counsel, that it and the named officers have substantial defenses to the plaintiffs' claims, and intends to vigorously defend these claims. While the final resolution of this litigation cannot be presently determined, management does not believe it will have a material adverse effect on Lason's business or the future consolidated financial statements, although such adverse effect could be possible. NVIDIA CORPORATION: Bernstein Liebhard Files Securities Suit in N.D. CA ----------------------------------------------------------------------- Bernstein Liebhard and Lifshitz, LLP initiated a securities class action in the United States District Court for the Northern District of California on behalf of all persons who acquired NVIDIA Corporation (NASDAQ: NVDA) common stock between February 15, 2000 and February 14, 2002, inclusive. The suit charges the Company and certain of its officers and directors with violations of the Securities Exchange Act of 1934. The suit alleges that as part of their effort to boost the price of Company stock, defendants misrepresented the Company's true prospects in an effort to conceal its improper acts until they were able to sell at least $66 million worth of their own stock. In order to overstate revenues and assets in its 4th Quarter 2000 and 1st-3rd quarter 2001, NVIDIA violated generally accepted accounting principles and SEC rules by engaging in an illegal accounting scheme. This scheme had the effect of dramatically overstating revenues and assets. On February 14, 2002, after the close of the market, the Company partially admitted that its past accounting for its prior results may be inaccurate in a press release entitled, "NVIDIA Corporation Conducting Review of Certain Transactions at the Request of the SEC." On this news the Company's shares plummeted the following day. For more details, contact Linda Flood, Director of Shareholder Relations by Mail: 10 East 40th Street, New York, New York 10016 by Phone: 800-217-1522 or 212-779-1414 by E-mail: NVDA@bernlieb.com or visit the firm's Web site: http://www.bernlieb.com OXFORD HEALTH: Securities Violations Suit Discovery Ongoing in S.D. NY ---------------------------------------------------------------------- Discovery is proceeding in the consolidated class action pending in the United States District Court for the Southern District of New York against Oxford Health Plans, Inc. and certain of its officers, alleging violations of federal securities laws, relating to the decline of the Company's share price in October 1997. The share price decline spawned more than fifty securities suits initially filed in the United States District Courts for the Eastern District of Arkansas, the Eastern District of New York, the Southern District of New York and the District of Connecticut. In April 1998, the Judicial Panel on Multidistrict Litigation transferred these actions together for coordinated or consolidated pretrial proceedings in the United States District Court for the Southern District of New York before Judge Charles L. Brieant. Judge Brieant consolidated the class actions for pretrial purposes under the caption In re Oxford Health Plans, Inc. Securities Litigation. In October 1998, the co-lead plaintiffs filed a consolidated and amended class action, naming as defendants the Company and: (1) Oxford Health Plans (NY), Inc., (2) KPMG LLP, the Company's outside independent auditor during 1996 and 1997, and (3) several current or former Company directors and officers. The amended suit purports to be brought on behalf of purchasers of the Company's common stock from November 6, 1996 through December 9, 1997, purchasers of Oxford call options or sellers of Oxford put options during the class period and on behalf of persons who, during the class period, purchased the Company's securities contemporaneously with sales of its securities by one or more of the individual defendants. The amended suit: (i) alleges that defendants violated Section 10(b) of the Exchange Act and Rule 10b-5 promulgated thereunder by making false and misleading statements and failing to disclose certain allegedly material information regarding changes in the Company's computer system and the Company's membership, enrollment, revenues, medical expenses and ability to collect on its accounts receivable; (ii) asserts claims against the individual defendants alleging controlling person liability under Section 20(a) of the Exchange Act, and (iii) alleges violations of Section 20A of the Exchange Act by virtue of the individual defendants' sales of shares of the Company's common stock while the price of that common stock was allegedly artificially inflated by allegedly false and misleading statements and omissions. In March 1999, the defendants asked the Court to dismiss the consolidated suit, but Judge Brieant denied these motions in 2000. The Court later certified the class in the suit and named five class representatives. The parties expect to complete all discovery, including expert discovery, in the summer of 2002, after which the Court will hold a status conference to discuss the scheduling of a trial date. QWEST COMMUNICATIONS: Shareholder Files Suit Over KMC Telecom Deal ------------------------------------------------------------------ Quest Communications International, faces a class action suit filed by one of its shareholders, in the US District Court, in Denver, alleging that a deal between the Company and KMC Telecom Holdings, Inc. artificially inflated Company stock prices and harmed shareholders, the Associated Press recently reported. The lawsuit further alleged that the deal was intended to keep some of the Company's debt off the books. Plaintiff Alice Brody of New York City said she bought 100 shares of the Quest's stock and wants to be compensated for the damages she claims she suffered. The suit seeks to cover everyone who bought the Company's stock from April 19, 2000 through February 12, 2002. The suit did not specify the alleged losses, and Ms. Brody's Denver lawyer, Charles Lilley, did not return an after-hours phone call, according to Associated Press. The Company has defended the transaction, in which the Denver-based company sold $450 million in equipment to KMC and agreed to pay hundreds of millions of dollars for Internet services on that equipment. The Company said it used standard accounting principles to record the deals and described them as conventional take-or-pay commitments rather than transactions involving off-balance-sheet debt. Off-balance-sheet debt has come under closer scrutiny after the collapse of Enron Corporation, which is being accused of hiding debt through various off the books transactions. "We disclosed our Internet equipment sales and the KMC transaction appropriately in 2001," Company spokesman Steve Hammack said. The deal increased the value of Qwest shares because it allowed the Company to provide certain services more quickly. It allowed us to save some $400 million in capital expenditures," he added. QWEST COMMUNICATIONS: Weiss Yourman Initiates Securities Suit in CO ------------------------------------------------------------------- Weiss and Yourman commenced a securities class action against Qwest Communications International, Inc. (NYSE:Q) and certain of its officers was commenced in the United States District Court for the District of Colorado, on behalf of purchasers of Company securities between April 19, 2000 and February 13, 2002. The suit names as defendants the Company and officers Joseph P. Nacchio and Robin A. Szeliga. The suit asserts claims against the defendants for violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. The complaint alleges that Quest issued false and misleading statements, which artificially inflated the stock. For more information, contact Mark D. Smilow, James E. Tullman and/or David C. Katz by Mail: The French Building, 551 Fifth Avenue, Suite 1600, New York, New York 10176, by Phone: 888-593-4771 or 212-682-3025 or by E-mail: info@wynyc.com RENT-A-CENTER INC.: Bernstein Liebhard Lodges Securities Suit in TX ------------------------------------------------------------------- Bernstein Liebhard and Lifshitz, LLP initiated a securities class action on behalf of all persons who acquired Rent-A-Center, Inc. (NASDAQ: RCII) securities between April 25, 2001 and October 8, 2001, Inclusive, in the United States District Court for the Eastern District of Texas, Texarkana Division, against the Company and: (1) J. Ernest Talley, Chairman and CEO until October 8, 2001, (2) Mitchell E. Fadel, President and Director, (3) Robert D. Davis, CFO and Treasurer and (4) Mark E. Speese, Director until October 8, 2001, thereafter Chairman and CEO The suit 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 during the class period. For example, on April 25, 2001, Rent-A-Center issued a press release announcing record results for the first quarter of 2001 and highlighting its resilience in a weakening economy. The representations in the press release were, according to the allegations of the suit, materially false and misleading because the Company did not disclose that its expenses were rising dramatically as the Company attempted to combat weakening demand with deep discounts and promotions. While in possession of this adverse non-public information, the Company completed a secondary offering of 3,200,000 shares of its common stock at $42.50 per share, on May 25, 2001. Mr. Talley sold 1,700,000 shares in the secondary offering, grossing over $72 million, and Mr. Speese sold 500,000 shares, grossing over $21 million. On May 31, 2001, Mr. Talley sold an additional 1,955,000 shares of common stock at $40.38 per share, grossing over $78 million. Subsequently, on October 8, 2001, only five months after the secondary offering, Rent-A-Center issued a press release announcing that earnings for the third and fourth quarter of 2001 would be significantly less than the Company's previous guidance to the market, due to rising expenses. In response to this announcement, Company stock price dropped by 19% in one day on heavy trading volume. For more details, contact Ms. Linda Flood, Director of Shareholder Relations, by Mail: 10 East 40th Street, New York, New York 10016 by Phone: 800-217-1522 or 212-779-1414 by E-mail: RCII@bernlieb.com or visit the firm's Web site: http://www.bernlieb.com. RHYTHMS NETCONNECTIONS: Bernstein Liebhard Lodges Securities Suit in CO ----------------------------------------------------------------------- Bernstein Liebhard and Lifshitz LLP initiated a securities class action on behalf of all persons who acquired Rhythms NetConnections, Inc. (NASDAQ: RTHMQ) securities between January 6, 2000 and April 2, 2001, inclusive, in the United States District Court for the District of Colorado against: (1) Catherine M. Hapka, (2) Steve Stringer, (3) Scott C. Chandler, and (4) John W. Braukman The suit charges that defendants violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder, by issuing a series of materially false and misleading statements to the market between January 6, 2000 and April 2, 2001. Throughout the class period, the Company portrayed itself as a fast- growing and expanding provider of DSL services and repeatedly represented that it could continue to expand its broadband network throughout the United States and reassured investors that it was financially able to continue this expansion. As alleged in the suit, defendants' statements issued throughout the class period were materially false and misleading when made as they failed to disclose the following adverse facts which were then known to defendants or recklessly disregarded by them: (i) that the Company lacked the financial resources necessary to execute its business plan of a bull national network expansion; (ii) that the Company's efforts to scale back its expansion plans were not meeting with success as the Company was unable to generate the necessary financing; (iii) that the Company was not well-funded or well-positioned to continue its growth, as its expenses, including its ongoing debt payment obligations, were far outpacing its revenues and rapidly depleting its cash reserves; (iv) that the Company did not have adequate cash reserves and was not sufficiently "stable" and "financially strong" that it would be able to fund its operational needs into the first quarter of 2002, as defendants repeatedly promised investors - defendants were not even able to keep the Company running through 2001, as it had earlier guaranteed; and (v) that without the influx of additional capital, the Company would be forced to seek bankruptcy protection, which would render its common stock worthless. While in possession of the true facts about the Company and its business, the individual defendants and other insiders collectively sold 600,000 shares of common stock for gross proceeds in excess of $16 million. Over $12.6 million alone was received by Ms. Hapka, and the Company raised hundreds of millions of dollars in preferred stock sales and debt issuances. For more information, contact Linda Flood, Director of Shareholder Relations by Mail: 10 East 40th Street, New York, New York 10016 by Phone: 800-217-1522 or 212-779-1414 by E-mail: RTHMQ@bernlieb.com or visit the firm's Web site: http://www.bernlieb.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Trenton, New Jersey, and Beard Group, Inc., Washington, D.C. Enid Sterling, Aurora Fatima Antonio and Lyndsey Resnick, Editors. Copyright 2002. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re- mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $575 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Christopher Beard at 240/629-3300. * * * End of Transmission * * *