CAR_Public/040303.mbx            C L A S S   A C T I O N   R E P O R T E R

            Wednesday, March 3, 2004, Vol. 5, No. 44


                        Headlines


aaiPHARMA INC: Forms Committee To Probe Product Sales Anomalies
ALPHARMA INC: NJ Court Affirms Securities Fraud Suit Dismissal
AMERICAN AIRLINES: AC To Rule On Agents' Suit Summary Judgment
ARKANSAS: Fire Razes In Residential Neighborhood Near Capitol
BLOOMING IMPORT: Recalls Ginnou Chocolate For Undeclared Peanuts

CALIFORNIA: SEC Seeks Injunction in $33.5M Ponzi Scheme Case
CALIFORNIA: Supreme Court To Review Prison Segregation Policy
CATHOLIC CHURCH: Victims Seek Ouster Of Accused Kentucky Priest
CKM TRADING: Recalls Tianma Sweet Potato For Undeclared Sulfites
CD LITIGATION: Pennsylvania AG Distributes Settlement Checks

CD LITIGATION: 8,200 Mississippians to Get Refund Checks
E&B GIFTWARE: Pays $100K Fine For Not Reporting Candle Hazard
EVERGREEN RESOURCES: Court Okays Prelim. Royalty Suit Settlement
FARMERS INSURANCE: TX AC Affirms Bonus Lawsuit Certification
FLORIDA: Former Brandon Student Files Suit Over Credits Transfer

GENCORP: OH Court Still Say "No" to Retirees' Suit Certification
HOLOCAUST LITIGATION: Victims' Lawyer Seeks Access To Accounts
ITXC CORPORATION: Faces Shareholder Suit Over Teleglobe Merger
KS ADVISORS: SEC Files Suit to Halt $10MM Hedge Fund Fraud
MARTHA STEWART: Prosecutors Make Closing Arguments In Fraud Case

NEW YORK LIFE: Settles Sales Agents' Lawsuit Seeking Benefits
NEW YORK: Metal Thrown Onto Tracks Cuts Subway Power For Hours
OBESITY LITIGATION: Georgia House Votes To Ban Customer Lawsuits
QWEST COMMUNICATIONS: Judge Denies Mistrial In Accounting Case
SAME-SEX MARRIAGES: SF Mayor Slams Bush's Gay Wedding Stance

SCHYLLING: Recalls Wooden Music Radio Boxes For Choking Hazard
SYMBOL TECHNOLOGIES: Discovery In Stock Suit Begins In NY Court
SYMBOL TECHNOLOGIES: Files Motion To Dismiss Stock Suit In NY
SYMBOL TECHNOLOGIES: Awaits Ruling On Stock Suit Dismissal
TRI-STATE: Jury Selection Begins In Walker County Crematory Suit

TROY PARK: Recalls Frankfurters For Possible Listeria Content
VARI-L COMPANY: Ex-CFO, Controller Face SEC Charges In CO Court
VIRGINIA: Coast Guard Suspends Search In Tanker Explosion
ZACKY FARMS: Recalls Cooked Turkey Breasts For Plastics Content

                 Meetings, Conferences & Seminars

* Scheduled Events for Class Action Professionals
* Online Teleconferences

                   New Securities Fraud Cases

EL PASO: Federman & Sherwood Lodges Securities Suit in TX Court
EL PASO: Wechsler Harwood Files Securities Fraud Suit in S.D. TX
ITT EDUCATIONAL: Charles Piven Files Securities Suit in Indiana
ITT EDUCATIONAL: Schiffrin & Barroway Lodges Lawsuit in Indiana
ITT EDUCATIONAL: Brualdi Firm Lodges Securities Suit in Indiana

ITT EDUCATIONAL: Cauley Geller Lodges Securities Suit in S.D. IN
PIMCO FUNDS: Milberg Weiss Lodges Securities Lawsuit in CT Court
PIMCO FUNDS: Glancy Binkow Lodges Securities Lawsuit in CT Court
PIMCO FUNDS: Rabin Murray Commences Securities Suit in CT Court
PIMCO FUNDS: Much Shelist Lodges Securities Fraud Lawsuit in NJ

ROYAL DUTCH: Vianale & Vianale Files Securities Fraud Suit in NJ
SONUS NETWORKS: Weiss & Yourman Lodges Securities Lawsuit in MA
WINN-DIXIE STORES: Wolf Haldenstein Lodges Securities Suit in FL


                        *********


aaiPHARMA INC: Forms Committee To Probe Product Sales Anomalies
---------------------------------------------------------------
aaiPharma, Inc. appointed an independent committee to
investigate what the Company has now admitted were sales
abnormalities in the Company's Brethine and Darvoct(tm) product
lines during the second half of 2003, as it continues to face a
securities class action filed by Chitwood & Harley on behalf of
purchasers of its securities from April 24, 2002 through and
including February 4, 2004.  The suit, filed in the U.S.
District Court, Eastern District of North Carolina, also names
as defendants three of the Company's senior officers.

The complaint alleges that Defendants violated Sections 10(b)
and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5
promulgated thereunder.  Specifically, the complaint alleges
throughout the Class Period, defendants issued quarter after
quarter of "record" financial results.  Defendants emphasized
increased revenues throughout the Class Period, fueled by strong
sales of pharmaceutical products.

The complaint alleges that Defendants failed to disclose that
these stellar financial results were only made possible through
improper sales practices, such as "channel stuffing" or flooding
wholesalers with products in order to artificially boost sales,
and failing to properly account for product returns in violation
of Generally Accepted Accounting Principles (GAAP).

On February 5, 2004, before the market opened, defendants
shocked the market by announcing fourth quarter net revenues
were reduced by $15.9 million. In response to the news
concerning aaiPharma's previously undisclosed inventory issues,
the price of aaiPharma stock dropped from over $27 per share on
February 4, 2004 to $21.30 on February 5, 2004, a drop of over
23% on unusually large trading volumes of 4.8 million shares
traded. The stock continued to drop as the fraudulent nature of
the Company' s sales and accounting practices came to light,
trading at only $20 per share on February 9, 2004. Today, in
response to the Company's admissions of sales abornmalities, the
stock plunged even further. By 11:13 a.m. this morning, the
stock was down $5.45 or over 35% on unusually heavy trading
volume.

For more information, contact Lauren S. Antonino by Phone: 1230
Peachtree Street, Suite 2300, Atlanta, Georgia 30309 by Phone:
888-873-3999, 404-873-3900, Ext. 6888 or 404-607-6888 by E-mail:
lsa@classlaw.com or visit the firm's Website:
http://www.classlaw.com


ALPHARMA INC: NJ Court Affirms Securities Fraud Suit Dismissal
--------------------------------------------------------------
The United States District Court for the District of New Jersey
denied Plaintiff's Motion for Reconsideration, and affirmed its
earlier ruling dismissing a class action lawsuit brought against
Alpharma Incorporated, along with two of its board members and
two of its former officers, on behalf of all persons who
acquired the Company's securities between April 28, 1999 and
October 30, 2000, alleging violations of Sections 10(b), 20(a)
and Rule 10b-5 of the Securities and Exchange Act of 1934.

The class action complaint alleges that, among other things, the
plaintiffs were damaged when they acquired the Company's
securities because of previously issued financial statements
which were materially false and misleading, thereby
artificially inflating the price of the Company's stock.

The plaintiffs have appealed the Court's decision to the Third
Circuit Court of Appeals.


AMERICAN AIRLINES: AC To Rule On Agents' Suit Summary Judgment
--------------------------------------------------------------
An appeal is pending in the United States 4th Circuit Court of
Appeals, from a ruling by the United States District Court for
the Eastern District of North Carolina, granting summary
judgment of an amended complaint brought against American
Airlines, Inc., on behalf of all travel agents in the United
States, Puerto Rico, and the United States Virgin Islands, who,
at any time from October 1, 1997 to the present, issued tickets,
miscellaneous change orders, or prepaid ticket advices for
travel on any of the defendant airlines, alleging that between
1995 and the present, American and over 15 other defendant
airlines conspired to reduce commissions paid to U.S.-based
travel agents in violation of Section 1 of the Sherman Act.

The court granted class action certification to the plaintiffs
on September 17, 2002. Defendant carriers filed a motion for
summary judgment on December 10, 2002, which the court granted
on October 30, 2003. The case is stayed as to US Airways and
United Air Lines, since they filed for bankruptcy. The
plaintiffs are seeking monetary damages and injunctive relief.


ARKANSAS: Fire Razes In Residential Neighborhood Near Capitol
-------------------------------------------------------------
According to local police, an explosion and fire ripped through
a residential neighborhood near Arkansas' Capitol early Monday,
destroying three houses and severely injuring an elderly woman,
the Associated Press reports.

The blast happened at about 7:30 a.m. among a number of wood-
frame homes several blocks west of the Capitol, police Sgt.
Terry Hastings told the AP. The fire was largely under control
in less than two hours. "We have three houses that are pretty
well destroyed," Hastings said. "There was an explosion, then
there was a big rush of wind." A woman was taken to a hospital
with severe burns, Hastings said.

The police department's narcotics unit was called out in case a
methamphetamine lab was involved, Hastings said. Other
investigators also were at the scene. Fire officials said others
injured refused transportation to hospitals. The cause of the
explosion wasn't immediately known.

Glass was knocked out of windows up to two blocks away and cars
parked nearby were damaged. Assistant Fire Chief Don Kenny said
a resident near the blast "said it was just a tremendous
explosion."


BLOOMING IMPORT: Recalls Ginnou Chocolate For Undeclared Peanuts
----------------------------------------------------------------
Blooming Import, Inc., 45 Bowne Street, Brooklyn, NY, in
cooperation with the U.S. Food Safety and Inspection Service
(FSIS) is recalling Ginnou Chocolate because it may contain
undeclared peanuts. People who have allergies to peanuts run the
risk of serious or life-threatening allergic reactions if they
consume this product. No illnesses have been reported to date in
connection with this problem.

The recalled Ginnou Chocolate, packed in a clear rigid plastic
container, 6.12 oz. (174G), with the code 4/17/2004, were sold
in New York, Boston, and Chicago.

The recall was initiated after routine sampling by the New York
State Department of Agriculture and Markets Food Inspectors
revealed that the peanut-containing product was distributed in
packages that did not reveal the presence of peanuts.

Consumers who have purchased Ginnou Chocolate are urged to
return them to the place of purchase. Consumers with questions
may contact the company at 1-800-680-3838.


CALIFORNIA: SEC Seeks Injunction in $33.5M Ponzi Scheme Case
------------------------------------------------------------
The Securities and Exchange Commission (SEC) filed an emergency
action on Feb.26, 2004, to halt a multi-million dollar Ponzi
scheme in an ongoing securities fraud perpetrated by seven
Southern California defendants, namely:

     (1) Mx Factors, LLC of Riverside;

     (2) BBH Resources, LLC of Palm Springs;

     (3) JTL Financial Group,  LLC of  Corona;

     (4) Richard M. Harkless, 59, of Riverside;

     (5) Daniel J. Berardi, Jr., 40, of Palm Springs;

     (6) Thomas Hawkesworth, 49, of Rancho Mirage;  and

     (7) Randall W. Harding, 43, of Corona

The defendants have raised at least $33.5 million to date from
the sale of Mx Factors' notes. Also, U.S. District Judge
Virginia A. Phillips of the U.S. District Court for the
Central District of California granted the relief that the
Commission sought, issuing orders freezing assets, appointing
a temporary receiver over Mx Factors, BBH Resources, and  JTL
Financial, and other relief.

The Commission's complaint, filed on Feb. 27, 2004, in federal
court in Riverside, alleges that the defendants fraudulently
induced at least 247 investors nationwide and in Mexico to
invest in Mx Factors' notes, which purportedly pay a
"guaranteed" return of 12% in 60 or 90 days. Mx Factors claims
that it will use the investor funds to provide its Clients,
construction contractors, wholesalers, and manufacturers, with
accounts receivable financing, secured by the client's
assignment of its accounts receivable. The defendants also
represent that investor funds are  safe because at least 70% of
the receivables are  backed or funded by the government.

According to the complaint, these representations are false.  Mx
Factors has actually been operating a Ponzi scheme, and at least
$19.9 million in new investor funds has been used to pay
existing investors.  At least $5.64 million has been
misappropriated to:

     (i) finance a crab fishing business,

    (ii) pay the personal expenses of Harkless, Berardi, and
         Hawkesworth, including mortgage payments and credit
         card bills, and

   (iii) fund overseas bank accounts

Additionally, the complaint alleges that BBH, Berardi, and
Hawkesworth have skimmed $1.3 million in investor funds by
failing to turn them over to Mx Factors.  The complaint further
alleges  that  BBH  Resources  and  JTL  Financial  have  each
received undisclosed sales commissions of at least 12%.

In its lawsuit, the Commission obtained an order freezing the
assets of Mx Factors, BBH Resources, JTL Financial, Harkless,
Berardi, and Hawkesworth, an accounting, an order preventing
destruction of documents, an order appointing a temporary
receiver over Mx Factors, BBH Resources, and JTL Financial, and
temporarily enjoining all of the defendants from future
violations of the securities registration and anti-fraud
provisions, and temporarily enjoining defendants BBH Resources,
JTL Financial, Berardi, Hawkesworth, and Harding from  future
violations  of the broker-dealer registration  provisions  of
the federal securities laws, Sections 5(a), 5(c) and 17(a) of
the Securities Act  of 1933 and Sections 10(b) and 15(a) of
Securities Exchange Act  of 1934  and  Rule 10b-5 thereunder.

The Commission also seeks preliminary and permanent injunctions,
and other relief, including disgorgement and civil penalties
against all defendants. A hearing on whether a preliminary
injunction should be issued against the defendants and whether a
permanent receiver should be appointed over Mx Factors, BBH
Resources, and JTL Financial is scheduled for March 8, 2004, at
10:00 a.m.


CALIFORNIA: Supreme Court To Review Prison Segregation Policy
-------------------------------------------------------------
The Supreme Court agreed Monday to review a decades-old practice
in California prisons of segregating newly arrived prisoners by
race, the Associated Press reports.

California routinely assigns black prisoners to bunk only with
other black prisoners for three months or more, a practice
prison officials say helps keep prisoners safe from racial
violence. A black prison inmate challenged the practice as a
violation of his constitutional right to equal treatment, and
argued it flouted previous Supreme Court rulings striking down
segregation in other areas.

"Intentional state racial segregation has been outlawed in this
country for over half a century," lawyers for Garrison S.
Johnson argued in asking the Supreme Court to hear his appeal.
The practice dates back more than 25 years, Johnson said.

California Attorney General Bill Lockyer countered that the
segregation is temporary, and applies only to the two-person
cells in which inmates are housed when they first enter the
prison system or when they are transferred from one prison to
another. The rest of the prison system is not segregated, and
inmates are often allowed to eventually choose their cellmates
without regard to race, the state said.

"The confined nature of the cells makes them potentially more
dangerous than the other areas of the prison, Lockyer wrote in a
court filing. Racial violence is high outside prison cells,
Lockyer said. "Administrators are concerned they would not be
able to protect inmates who are confined in their cells, if they
did not consider race as a factor."

The San Francisco-based 9th U.S. Circuit Court of Appeals ruled
against Johnson last year. The high court will hear the case
next fall, with a ruling expected by July 2005. The case is
Johnson v. Gomez, 03-636.


CATHOLIC CHURCH: Victims Seek Ouster Of Accused Kentucky Priest
---------------------------------------------------------------
Two men who accused a priest formerly associated with Nelson
County of sexual abuse are trying, again, to remove him from
active ministry, The Kentucky Standard reports.

Richard Lanham and Ray Wilberding, both of Louisville, met with
the Archdiocese Sexual Abuse Review Board Thursday, in hopes of
getting it to reverse its October decision to return the Rev.
Donald Ryan to active ministry. Ryan, former priest of St.
Catherine, St. Gregory and St. Michael Catholic churches -- was
returned to active ministry at St. Denis Church in Louisville
after the Review Board found claims against him to be
unsubstantiated. The priest had been on leave since the
allegations surfaced in April 2003.

After Thursday's meeting, Wilberding told his attorney, Ross
Turner, "I've done my part. Now it's time to wait and see
whether the church will do the right thing." Lanham and
Wilberding had not been previously interviewed by the
Archdiocese.

Wilberding and Lanham filed suit against the Archdiocese
claiming Ryan sexually abused them when they were children. They
participated in the class action suit against the Archdiocese,
which accused Ryan and more than 30 other Louisville area clergy
of sex abuse. Although the class action suit was settled, the
review board has continued its investigation into individual
claims.

As in other investigations, the Sex Abuse Review Board
interviewed Ryan and others who know him, and reviewed his work
history. Ryan also underwent two psychological assessments. The
board attempted to interview the two men who accused Ryan of sex
abuse, but they declined. Also, according to a statement
released by the board, "one of the plaintiffs never completed
the basic discovery forms that are filed directly after a
lawsuit;" and "the second plaintiff provided basic information
on the discovery forms." The board interpreted this as "lack of
cooperation," and considered the investigation complete.

Lanham and Wilberding are not alone in trying to keep Ryan and
other priests accused of sexual abuse from returning to active
ministry. Of the 10,667 claims against 4,392 clergy nationwide,
1,000 have been found to be unsubstantiated according to
statistics released by the AP Friday.


CKM TRADING: Recalls Tianma Sweet Potato For Undeclared Sulfites
----------------------------------------------------------------
CKM Trading NY, Inc., in cooperation with the U.S. Food Safety
and Inspection Service (FSIS) is recalling "Tianma Sweet Potato"
due to the presence of undeclared sulfites in the product.

The product is packaged in a 500-gram poly bag with the code
"EXP2004.11.07." "Tianma Sweet Potato" is a product of China.
The product was distributed in the New York City metropolitan
area.

Routine sampling by New York State Department of Agriculture and
Markets food inspectors revealed the product contained high
levels of sulfites, which were not declared on the label.
Sulfites can cause deadly reactions in asthmatics and others
suffering sulfite allergies. No illnesses have been reported to
date.

Consumers who have purchased "Tianma Sweet Potato" should return
it to the place of purchase.


CD LITIGATION: Pennsylvania AG Distributes Settlement Checks
------------------------------------------------------------
In settlement of the Compact Disc Minimum Advertised Price
Antitrust Litigation, MDL Docket No. 1361, against five major
record companies, refund checks are being issued to consumers
who purchased CDs while the challenged pricing policies were in
effect.

A copy of the letter accompanying distribution checks mailed on
or about Feb. 20, 2004 to Pennsylvania claimants reads:

February 2004

Dear Pennsylvania Music Purchaser

As Attorney General for the State of Pennsylvania, I am pleased
to enclose payment for your claim in the settlement of the
Compact Disc Minimum Advertised Price Antitrust Litigation. This
lawsuit was brought by the Attorneys General of 43 states and
three territories and by Counsel for Private Class Plaintiffs on
behalf of purchasers of Music CDs. In accordance with the terms
of the court-approved settlement, payment is being made to music
purchasers who filed a valid and timely claim.

Whether you filed your claim online at the settlement web site,
http://www.MMusicCDSettlement.com,or by mail, the attached
payment represents full payment of your portion of the
Settlement. Please note that the attached payment instrument
must be cashed by May 20, 2004.

It is a pleasure to bring this matter to a satisfactory
conclusion and to return value to consumers who purchased CDs
while the challenged pricing policies were in effect.


Gerald. J. Pappert
Attorney General of Pennsylvania


CD LITIGATION: 8,200 Mississippians to Get Refund Checks
--------------------------------------------------------
The checks are in the mail for more than 8,200 Mississippians
who were part of a class action suit against record companies
over compact disc and cassette tape prices, The Sun Standard
reports.

Deanne Mosley, director of the consumer protection division for
the attorney general's office, said people should receive their
refund checks of $13.86 by the end of the week.

The refunds come after attorneys general in 43 states, including
Mississippi, filed suit against five major music companies:
Bertelsmann Music Group Inc., EMI Music Distribution, Warner-
Elektra-Atlantic Corp., Sony Music Entertainment and Universal
Music Group and three retailers: Transworld Entertainment Corp.,
Tower Records and Musicland Stores Corp., charging the companies
with setting minimum prices for CDs.

Anyone who purchased compact discs, cassette tapes or vinyl
records between January 1995 and December 2000 is eligible for
the reimbursement. Consumers registered for the refunds by
filling out forms on the Internet or through a toll-free number.


E&B GIFTWARE: Pays $100K Fine For Not Reporting Candle Hazard
-------------------------------------------------------------
The U.S. Consumer Product Safety Commission (CPSC) announced
that E&B Giftware LLC, of Yonkers, N.Y., has agreed to pay a
civil penalty of $100,000 to settle allegations that it violated
federal reporting requirements associated with certain outdoor
torch candles.

In 1997, E&B Giftware Inc.'s now defunct subsidiary, Sun-It
Corp., manufactured and distributed approximately 47,000 "Money
To Burn Torch" citronella candles. The candles were defective
because they would release molten wax on consumers causing
serious burns. Between May 1997 and October 1997, E&B Giftware
Inc. received notice of 14 incidents in which consumers suffered
second and third degree burns, including several cases involving
permanent scarring.

In the fall of 1997, E&B Giftware Inc. stopped sale of the
candles and contacted retailers to recall the candles. Neither
the government nor consumers were informed of this action. CPSC
did not learn of the hazard until 1999, when it was contacted
directly by a consumer. At the request of CPSC, E&B Giftware
Inc. submitted a full report in September 1999.

CPSC alleged that E&B Giftware Inc. failed to report injury and
defect information to the Commission in a timely and thorough
manner, as required by the Consumer Product Safety Act (CPSA).

E&B Giftware LLC denies the allegations that the candles were
defective and that it violated the CPSA.


EVERGREEN RESOURCES: Court Okays Prelim. Royalty Suit Settlement
----------------------------------------------------------------
The Denver District Court recently approved a preliminary
settlement of a class action lawsuit brought against Evergreen
Resources, on behalf of Plaintiffs Mountain West Exploration,
Inc., Joel Nelson and Synergy Operations Company, LLC, who are
royalty owners and overriding royalty owners with respect to
Evergreen's Raton Basin properties, alleging that amounts paid
for production attributable to the royalty owners violated the
terms of the applicable leases and laws in various respects,
including the value of production sold, permissibility of
deductions and accuracy of quantities upon which royalties are
calculated.

As a result of a preliminary settlement between the parties,
Evergreen recorded a $3.3million pre-tax charge to earnings in
2003. This total includes the settlement, legal fees
and other associated costs. Final approval of the settlement is
expected in April 2004.


FARMERS INSURANCE: TX AC Affirms Bonus Lawsuit Certification
------------------------------------------------------------
The United States Court of Appeals of Texas, Austin affirmed a
ruling by the 98th Judicial District Court, Travis County
certifying a lawsuit brought against Farmers Insurance Exchange
et al., on behalf of Michael Leonard and Michael Sawyer, et al.,
alleging breech of contract to pay bonuses.

This case involves a number of essentially unilateral bonus
award contracts that Farmers gives its agents each year to
reward them for meeting certain profitability and sales
requirements.  Although Farmers offers a number of award
programs, only four distinct bonus programs are implicated in
this dispute.  The four bonus contracts, and the years in which
Leonard and Sawyer claim Farmers breached the agreements, are
the Underwriting Contract Value Bonus for 1995-1999, the Agency
Profitability Bonus for 1995-1999, the Auto Retention Bonus for
1999, and the Life Performance Bonus for 1996-1999. Farmers sent
these bonus contracts to 13,000 agents in twenty-nine states.

Because these contracts may change, Farmers explains the bonus
programs in annual Achievement Award Brochures, Field Bulletins,
and the Farmers Agent Guide.  These written explanations contain
the rules, eligibility criteria, and qualification requirements
for each bonus award available that year.  Each bonus is
calculated by Farmers, based on an individual agent's sales and
profitability.  Accordingly, the written explanations for the
bonus contracts notify the agents that "[p]roduction
qualifications are based on official Company production records
for the qualifying period for each award."  Farmers also
furnishes its agents with a copy of their individual production
records so that they will be able to monitor their individual
sales, production, and profitability, as determined by Farmers.
Leonard and Sawyer claim that Farmers uniformly breached the
four bonus contracts at issue by improperly calculating and
awarding the bonuses due to the class members. Accordingly,
Leonard and Sawyer filed this suit as a putative class action.

After a six-day certification hearing, the trial court certified
the class.  Farmers appeal that decision.

The lawsuit names the following defendants: Farmers Insurance
Exchange; Truck Insurance Exchange; Fire Insurance Exchange;
Mid-Century Insurance Company; Mid-Century Insurance Company of
Texas; Farmers New World Life Insurance Company; Farmers Texas
County Mutual Insurance Company; Texas Farmers Insurance
Company; and Farmers Group, Inc.


FLORIDA: Former Brandon Student Files Suit Over Credits Transfer
----------------------------------------------------------------
Adrienne L. Travis, a former Florida Metropolitan University
student filed a lawsuit against the school Monday, claiming she
took out $37,000 in loans to finance her education there only to
find out she couldn't transfer her credits to another
university, the Associated Press reports.

Ms. Travis sued the university, one of Florida's largest private
universities with more than 11,000 students on 10 campuses, and
its parent companies Rhodes Colleges Inc. and Corinthian
Colleges Inc., of Santa Ana, Calif., seeking unspecified damages
of more than $15,000.

In a statement released from Corinthian and Rhodes' offices,
college officials said FMU is accredited by a group recognized
by the U.S. Department of Education, but students are advised
that there is no guarantee FMU credits will be accepted by other
institutions.

"We have signed documentation that Adrienne Travis acknowledged
receipt of these disclosures at the time of her enrollment," the
statement read. "Therefore, we believe the complaint is entirely
without merit and will vigorously defend FMU against these
allegations."

Travis began attending the Brandon campus, about 12 miles
outside Tampa, in May 2000 seeking an associate of arts degree
in criminal justice. She was scheduled to graduate in May 2003
and intended on seeking a bachelor of science degree, her
attorney, J. Daniel Clark, told AP. Travis is seeking class-
action status for the lawsuit, Clark said.


GENCORP: OH Court Still Say "No" to Retirees' Suit Certification
----------------------------------------------------------------
The United States District Court for the Northern District of
Ohio denied Plaintiff's Motion for Reconsideration, and upheld
its earlier decision denying certification of lawsuit brought
against Gencorp and OMNOVA Solutions, Inc., on behalf of a group
of hourly retirees, disputing certain retiree medical benefits.
The lawsuit is styled: Wotus, et al. v. GenCorp Inc., et al.,
Case No. 5:00-CV-2604.

The retirees seek rescission of the then current Hourly Retiree
Medical Plan established in the Spring of 1994, and the
reinstatement of the prior plan terms. The crux of the dispute
relates to union and GenCorp negotiated modifications to retiree
benefits that, in exchange for other consideration, now require
retirees to make benefit contributions as a result of caps on
Company-paid retiree medical costs implemented in late 1993. A
retiree's failure to pay contributions results in a termination
of benefits.

The plaintiffs consist of four hourly retirees from the
Jeannette, Pennsylvania facility of OMNOVA, the company spun-off
from GenCorp on October 1, 1999, two hourly retirees from
OMNOVA's former Newcomerstown, Ohio facility, and
three hourly retirees from GenCorp's former tire plants in
Akron, Ohio; Mayfield, Kentucky; and Waco, Texas.

The trial court denied plaintiffs' motion for class action
certification in Dec. 2003.


HOLOCAUST LITIGATION: Victims' Lawyer Seeks Access To Accounts
--------------------------------------------------------------
Lawyer Burt Neuborne, who represents the survivors of thousands
of Holocaust victims, was reportedly on a secret visit to
Switzerland last week to discuss a fresh lawsuit against Swiss
banks, in a bid to get them to release details of 15,000
accounts belonging to "potential" Holocaust victims, Neue
Zrcher Zeitung AG reports.

Sources say Neuborne did this in consultation with Edward
Korman, the New York-based judge who presided over the class-
action suit brought by Jewish organizations and Holocaust
survivors against Swiss banks.

Swiss bankers have confirmed that Neuborne, who is also the lead
counsel for Jewish groups and Holocaust victims, did travel to
Zurich on their invitation. Banking sources said the discussions
had been constructive. Neumann was reportedly open to
negotiations and was prepared to work with the banks and their
legal representatives in the United States.

But the institutions said they were not prepared to reconsider
the 1998 settlement, although they wanted to appease the
concerns of those represented by Neuborne. The banks added that
under the terms of the agreement, information pertaining to some
of the disputed accounts could be accessed under certain
circumstances.

Neuborne's trip follows hot on the heels of Korman's broadside
against UBS and Credit Suisse, which he accused of
systematically lying about the disputed 15,000 Nazi-era
accounts. The US judge said they were trying to "delay justice
and prevent access to the truth" by restricting access to the
accounts. Korman also told the "New York Times" that the banks
had destroyed information pertaining to the accounts.

Paul Volcker, who headed up an international commission
investigating the Holocaust assets, says he does not quite
understand the current dispute. According to the former chairman
of the American Federal Reserve Board, the banks may have
destroyed documents concerning Holocaust accounts, but he does
believe that there was any policy to do so systematically. But
Volcker has agrees that the banks should be more flexibility and
grant free access to the accounts.

There is an ongoing debate over how to distribute the remaining
$600 million from the settlement funds. To date, only around
$150 million has been paid out of a pool of $800 million
destined for claimants.


ITXC CORPORATION: Faces Shareholder Suit Over Teleglobe Merger
--------------------------------------------------------------
ITXC Corp. announced it has received a copy of a complaint
purportedly filed on February 24, 2004 as a class action suit in
New Jersey Superior Court naming the Company and directors Tom
Evslin, Edward Jordan, Frank Gill and Fred Wilson as defendants.

Neither ITXC nor the individual defendants have been served in
the action. The action seeks to enjoin a shareholder meeting to
approve ITXC's proposed merger with Teleglobe International
Holdings Ltd until certain alleged deficiencies in the proxy
statement have been cured and seeks to permanently enjoin the
consummation of the merger.

ITXC had previously announced that Teleglobe Bermuda Holdings
Ltd filed a registration statement on Form S-4 with the
Securities and Exchange Commission in connection with the
proposed merger. ITXC has not yet mailed a proxy statement to
shareholders since the S-4 is currently in review with the SEC.
Changes may be made in the filing as a result of that review
process.

ITXC believes the complaint contains factual inaccuracies, is
premature and is wholly without merit and intends to vigorously
defend the lawsuit if served.


KS ADVISORS: SEC Files Suit to Halt $10MM Hedge Fund Fraud
----------------------------------------------------------
The Securities and Exchange Commission (SEC) announced the
filing of an emergency action to halt an alleged hedge fund
fraud conducted by Ft. Myers-based KS Advisors, Inc. and its
principals, Scott Fine and Kevin Boyle.

According to the Commission's complaint, since at least 2000,
Fine and Boyle have used their company, KS Advisors, to raise
approximately $10 million from about 100 investors nationwide
and abroad through investments in two hedge funds, KS Condor
Partners, Ltd., II and Damian Partners, LLC. On Feb. 27, 2004,
Judge Steele, U.S. District Judge for the Middle District of
Florida, issued various emergency orders against the defendants,
including temporary restraining orders, asset freezes against KS
Advisors, Condor II and Damian Partners, the appointment of a
receiver, and other emergency relief.

The Commission's complaint alleges that the representations made
by KS Advisors, Boyle and Fine to the hedge funds' investors
about the ever increasing profits and net asset values of Condor
II and Damian Partners were completely false. According to the
Commission's complaint, the investments made by Boyle and Fine
on behalf of the hedge funds, which consist mostly of
speculative options trading, have lost millions of dollars.
The Commission's complaint also alleges that Fine and Boyle
charged investors fraudulent fund  performance  fees  based  on
the fictitious  gains  in the values of the two hedge funds  and
additional undisclosed "advisory fees."

The Commission's complaint charges KS Advisors, Condor II,
Damian Partners, Fine and Boyle with violating Section 17(a) of
the Securities Act of 1933, Section 10(b) of the Securities
Exchange Act of 1934 and Rule 10b-5 thereunder, and KS Advisors,
Fine and Boyle with violating Sections 206(1) and 206(2) of the
Investment Advisers Act of 1940.


MARTHA STEWART: Prosecutors Make Closing Arguments In Fraud Case
----------------------------------------------------------------
In closing arguments Monday, Prosecutors said that Martha
Stewart tried to "lie, conceal and cover up" the truth about a
suspicious stock sale that led to her federal conspiracy trial
but "left behind a trail of evidence," Reuters News reports.

Stewart, who oversees an empire of trendsetting magazines,
books, television projects and home products, is accused of
staging a stock-tip cover-up with her former Merrill Lynch & Co.
broker, Peter Bacanovic.

In his three-hour closing argument, Prosecutor Michael Schachter
said that Stewart opted to lie when she first was interviewed by
investigators with the U.S. Attorney's office and Securities and
Exchange Commission. "Martha Stewart and Peter Bacanovic had two
options -- tell the truth or decline to be interviewed,"
Schachter said. "They chose an option the law does not allow --
to lie, conceal and cover up."

A jury of eight women and four men will decide after closing
arguments this week whether the pair lied about the celebrity
businesswoman's December 2001 sale of ImClone Systems Inc.
stock.

Prosecutors say Bacanovic, 41, ordered his assistant to give
Stewart a tip that ImClone's founder, Sam Waksal, was dumping
his shares. Stewart quickly acted on the news by selling all of
her stock in the biotech company, they say. ImClone shares fell
steeply the next day after regulators gave a "thumbs down" to
its cancer drug.

The prosecutor said the case against Stewart is backed up by
telephone records, messages and the testimony of Douglas
Faneuil, Bacanovic's assistant who testified that his boss
ordered him to tip Stewart off. His testimony is the cornerstone
of the government's case. But Bacanovic's defense attorney fired
back in his closing argument by trying to shift the blame onto
Faneuil, who has pleaded guilty to a misdemeanor charge related
to the case and awaits sentencing.

The defendants maintain they had a preexisting agreement to sell
Stewart's shares if ImClone fell to $60. The 62-year-old Stewart
faces one count of conspiracy, two counts of making false
statements and one count of obstruction of agency proceedings.
Each count carries a possible prison term of five years and a
$250,000 fine. Neither Stewart, who founded Martha Stewart
Living Omnimedia Inc., nor Bacanovic took the witness stand.


NEW YORK LIFE: Settles Sales Agents' Lawsuit Seeking Benefits
-------------------------------------------------------------
New York Life Insurance Company and attorneys representing a
group of its current and former agents reached a settlement
agreement regarding a form of compensation to its sales agents,
involving the "Non-Qualified Benefit," a retirement benefit
otherwise known as the "best of both worlds" benefit.

New York Life currently only pays this benefit to a select group
of established agents known as "Senior Nylics."  The settlement,
when effective, will allow a larger group of agents currently
operating under a Nylic Contract (agents who contracted before
1991) to be eligible for a "best of both worlds" benefit when
they retire, regardless of whether they have reached Senior
Nylic status.  This status is achieved by certain agents who
were under contract with the Company for 20 or more years before
retirement.

In addition, the "best of both worlds" benefit will be payable
directly from the Nylic Retirement Plan (New York Life's pension
plan for agents) on a tax-qualified basis, subject to IRS
limits.  This will enable New York Life to pre-fund the "best of
both worlds" benefit through the tax-qualified trust established
under the Nylic Retirement Plan.  This will also protect the
best of both worlds benefit on a going-forward basis from "FICA"
(i.e., Social Security and Medicare) taxes and other types of
charges that in the past have been assessed against the Non-
Qualified Benefit, the Company stated in a press release.

The settlement also includes payment by New York Life of $16
million into a settlement fund, inclusive of all attorneys' fees
and administrative expenses.  The settlement fund will be used
to pay individual awards for up to approximately 3,000 former
agents who are determined to be eligible through a claims
process supervised by plaintiffs' counsel.  The settlement fund
will also be used to pay court-approved attorneys' fees and
costs and for the settlement of certain individual claims that
are being dismissed as part of the lawsuit.

"On behalf of the agents and our co-counsel, we are pleased to
bring this matter to a satisfactory conclusion," Michael Lieder,
an attorney for the plaintiffs said.  "We believe the agents can
continue to enjoy their careers at New York Life secure in the
knowledge that their Non-Qualified Benefit will be protected,
while those agents who previously left New York Life and submit
valid claims under the settlement will be fairly compensated."

New York Life spokesperson William Werfelman added, "We believe
this is a fair and equitable settlement and one that is
beneficial to current and former agents of New York Life. Our
New York Life career agents enjoy some of the best benefits
available in the industry as appreciation for their important
financial contribution to the Company's success."

Originally filed in February 2001, the lawsuit alleged that the
Non-Qualified Benefit should have been treated by New York Life
as a benefit covered by the Employee Retirement Income Security
Act (ERISA).  This allegedly would have increased benefit
payments received by a large number of agents.

As part of the settlement, New York Life has redesigned the
benefit on a going-forward basis in a way that eliminates the
technical dispute over whether the benefit is, or is not, an
"employee" pension benefit.  All parties agree that a settlement
is the most desirable and beneficial result for the Company, the
Plaintiffs, and its current and former agents who are members of
the Class.

For more details, contact William H. Werfelman, Jr. by Phone:
212-576-5385 or Michael D. Lieder of Sprenger & Lang by Phone:
202-265-8010 or visit the firm's Website:
http://www.nylicagents.com


NEW YORK: Metal Thrown Onto Tracks Cuts Subway Power For Hours
--------------------------------------------------------------
A metal object thrown onto subway tracks caused a short-circuit
that disrupted service for hours and forced the evacuations of
1,000 passengers through smoke-filled tunnels, the Associated
Press reports.

"It was scary. The explosions were real loud," said Lola
Braverman, who was evacuated from one of the trains that stalled
under Manhattan's Greenwich Village neighborhood Sunday.

The man suspected of throwing materials on the track, Bonergy
Quelal, 47, was arrested at the West Fourth Street station at
about 5:30 p.m., police said. It was not clear what was thrown
onto the tracks, but it welded to the steel and caused a breaker
to short-circuit, police spokesman Sgt. Michael Wysokowski told
the AP. Smoke filled the station and seven trains had to be
evacuated.

Five people were taken to hospitals for treatment of smoke
inhalation and two others refused treatment on the scene. None
were seriously hurt, police said. Service on the A, B, C, D, E
and F lines was not restored until shortly after midnight, New
York City Transit spokesman Paul Fleuranges told the AP.


OBESITY LITIGATION: Georgia House Votes To Ban Customer Lawsuits
----------------------------------------------------------------
According to a bill passed unanimously by the Georgia House
Monday, restaurants wouldn't be liable if customers got fat from
eating too much, the Associated Press reports.

With little debate, the House approved the bill 169-0 that
shields restaurants, food producers and beverage companies like
Coca-Cola from obesity-related lawsuits. "It's up to you what
you order," said Rep. DuBose Porter, D-Dublin and sponsor of the
bill. "It's not the restaurant's fault. It's your fault," he
told the AP.

The bill, which now heads to the Senate, is a response to a
well-publicized lawsuit against McDonald's last year in New
York. That class-action lawsuit was later dismissed, but Porter
said he wanted to make sure no lawsuit like that is considered
in Georgia.

"These kind of clams will not be tolerated," Porter said.
Customers could still sue if they thought food was mislabeled or
otherwise sold illegally.


QWEST COMMUNICATIONS: Judge Denies Mistrial In Accounting Case
--------------------------------------------------------------
A judge on Monday rejected a request for a mistrial for four
former Qwest executives accused of plotting to help the company
improperly book $34 million in revenue, the Associated Press
reports.

Thomas Hall, Bryan Treadway, Grant Graham and John Walker are
charged with fraud and conspiracy related to a $100 million
contract for Qwest Communications International Inc. to install
computer network equipment for Arizona schools.

Prosecutors allege the men schemed to book revenue from the
project in the second quarter of 2001, instead of over the life
of the project, in violation of accounting rules. They allege
the men then lied to hide what they had done. The defendants
have pleaded innocent.

Lawyers for Hall, Walker and Graham requested a mistrial last
week after testimony from former Qwest executive Ronald
Carrington regarding who was paying the legal fees of various
witnesses and defendants. Qwest is covering legal costs for
Treadway and Walker, defense attorneys have said, but U.S.
District Judge Robert Blackburn has ruled that the issue cannot
be brought up in trial.

Blackburn said Monday he would not declare a mistrial but could
strike certain testimony from the record. The trial is expected
to last several weeks.


SAME-SEX MARRIAGES: SF Mayor Slams Bush's Gay Wedding Stance
------------------------------------------------------------
Addressing a huge crowd at his first town hall meeting, San
Francisco Mayor Gavin Newsom accused President Bush of political
showmanship and discrimination because of the Social Security
Administration's decision to not accept any marriage licenses
from San Francisco - gay or straight - until the same-sex issue
is resolved, the Associated Press reports.

Nearly 1,000 gathered for Saturday's town hall meeting in the
Castro district, a predominantly gay and lesbian section of the
city. Some in the crowd carried signs reading: "Thank You Mayor"
and "Gavin - Our Hero." It comes 52 days after Mayor Newsom took
office and a little more than two weeks after he authorized city
officials to grant marriage licenses to same-sex couples.

The Social Security Administration announced Friday it has told
its offices nationwide not to accept marriage certificates from
San Francisco as proof of identification for newlyweds looking
to make name changes on Social Security cards.

Newsom called the move "political and retaliatory." "The
president is not only now discriminating against gay couples,
he's discriminating against straight people," he said. Newsom
also said his administration looks forward to arguing the
constitutionality of same-sex marriages before the California
Supreme Court.

The high court on Friday declined a request by Attorney General
Bill Lockyer to immediately shut down San Francisco's gay
weddings. More than 3,400 such ceremonies have been performed
since the city began issuing the licenses Feb. 12. The justices
told the city and a conservative group that opposes gay marriage
to file new legal briefs by March 5 in response to the attorney
general's petition. Earlier, lower-court judges also declined to
immediately end the same-sex marriages.

"Not only did two lower court judges ... determine there is no
irreparable harm being done, now the Supreme Court said the same
thing," Newsom said in the meeting.


SCHYLLING: Recalls Wooden Music Radio Boxes For Choking Hazard
--------------------------------------------------------------
Schylling Associates Inc., of Rowley, Mass., in cooperation with
the U.S. Consumer Product Safety Commission (CPSC), is
voluntarily recalling 15,600 "Wooden Music Radio" Type song
boxes since a wooden turning knob and antenna top can break off,
posing a choking hazard to young children and exposing a sharp
point.

The company has received no reports of incidents or injuries
relating to this product.

The recalled "Picture Radio" song boxes have a wind-up knob,
picture window, flexible antenna, and wooden carrying handle.
The music boxes come in three designs: "The A, B, C Song,"
"Old MacDonald has a farm," and "Mary had a little lamb." Each
plays the respective song when the main dial is turned. The
"A,B,C" box has a red front, yellow knobs, and lettering on the
front and back; the "Old MacDonald" box has a yellow front, blue
knobs, and a farm scene on the front and back; and the "Mary had
a little lamb" box has a blue front, yellow knobs, and pastoral
scene on the front and back. The bottom of the music boxes
reads, "More Fun From Schylling."

The recalled "Picture Radio" song boxes, manufactured in China,
were sold at specialty stores, gift shops, department stores and
book stores nationwide from September 2003 through January 2004
for about $12.

Parents are urged to take these toys away from children
immediately and contact the firm for information on receiving a
refund or free replacement toy. For more information, call
Schylling Associates Inc. at (800) 767-8697 between 9 a.m. and
5:30 p.m. ET Monday through Friday or visit the company's Web
site at http://www.schylling.com/


SYMBOL TECHNOLOGIES: Discovery In Stock Suit Begins In NY Court
---------------------------------------------------------------
Discovery has commenced in a Consolidated Amended Complaint,
filed in the United States District Court for the Eastern
District of New York, consolidating previously filed purported
class actions brought against Symbol Technologies, Inc., on
behalf of purchasers of the common stock of Symbol between
October 19, 2000 and February 13, 2002, inclusive

The complaint, styled Pinkowitz v. Symbol Technologies, Inc., et
al., against Symbol, Tomo Razmilovic, Jerome Swartz and Kenneth
Jaeggi, alleged that defendants violated the federal securities
laws by issuing materially false and misleading statements
throughout the class period that had the effect of artificially
inflating the market price of Symbol's securities.

The consolidated amended complaint added Harvey P. Mallement,
George Bugliarello and Leo A. Guthart (the then current members
of the Audit Committee of Symbol's Board of directors) and Brian
Burke and Frank Borghese (former employees of Symbol) as
additional individual defendants and broadened the scope of the
allegations concerning revenue recognition. In addition, the
consolidated amended complaint extended the alleged class period
to the time between April 26, 2000 and April 18, 2002.

In addition, plaintiffs moved for class certification of the
Pinkowitz action. Trial of the Pinkowitz action is scheduled to
commence on June 8, 2004.


SYMBOL TECHNOLOGIES: Files Motion To Dismiss Stock Suit In NY
-------------------------------------------------------------
Symbol Technologies and the individual defendants initiated a
Motion to Dismiss a purported class suit filed in the United
States District Court for the Eastern District of New York,
against the Company, and several of its officers and directors,
on behalf of a purported class of former shareholders of Telxon
Corporation who obtained Symbol stock in exchange for their
Telxon stock pursuant to Symbol's acquisition of Telxon
effective as of November 30, 2000. On May 7, 2003, a
virtually identical purported class action lawsuit was filed
against the same defendants by Joseph Salerno.

The lawsuit, styled Edward Hoyle v. Symbol Technologies, Inc.,
Tomo Razmilovic, Kenneth V. Jaeggi, Robert W. Korkuc, Jerome
Swartz, Harvey P. Mallement, George Bugliarello, Charles B.
Wang, Leo A. Guthart and James H. Simonss, alleges that the
defendants violated the federal securities laws by issuing a
Registration Statement and Joint Proxy Statement/Prospectus in
connection with the Telxon acquisition that contained materially
false and misleading statements that had the effect of
artificially inflating the market price of Symbol's securities.


SYMBOL TECHNOLOGIES: Awaits Ruling On Stock Suit Dismissal
----------------------------------------------------------
Symbol Technologies awaits a ruling on its Motion to Dismiss a
lawsuit filed against it and several of its officers, in the in
the United States District Court for the Eastern District of New
York. The lawsuit is entitled Bildstein v. Symbol Technologies,
Inc., et. al., against Symbol and Jerome Swartz, Harvey P.
Mallement, Raymond R. Martino, George Bugliarello, Charles B.
Wang, Tomo Razmilovic, Leo A. Guthart, James Simons, Saul F.
Steinberg and Lowell Freiberg.

The plaintiff alleges that the defendants violated Section 14(a)
of the Securities Exchange Act of 1934 and Rule 14a-9
promulgated thereunder, and common and state law, by authorizing
the distribution of proxy statements in 2000, 2001 and 2002.

Plaintiff seeks the cancellation of all affirmative votes at the
annual meetings for 2000, 2001 and 2002, canceling all awards
under the option plans, enjoining implementation of the option
plans and any awards thereunder and an accounting by the
defendants for all damage to Symbol, plus all costs and expenses
in connection with the action.


TRI-STATE: Jury Selection Begins In Walker County Crematory Suit
----------------------------------------------------------------
Jury selection for the federal class-action lawsuit against a
Walker County crematory operator accused of discarding more than
330 corpses began on Monday, the Associated Press reports.

The case originally involved about 1,600 plaintiff families
suing about 50 defendant funeral homes, former Tri-State
Crematory operator Ray Brent Marsh and the estate of his late
father, Ray Marsh, who ran the crematory until 1996. But many of
the funeral homes reached pretrial settlements or are in the
process of doing so, leaving only nine funeral homes expected to
go to trial.

The younger Marsh also faces 787 felony charges for the 334
corpses found in February 2002 at the crematory in Noble, near
the Tennessee line. In addition to the federal lawsuit, 17
funeral homes also still face superior court lawsuits in Walker
and Whitfield counties.

"The jury will decide whether or not Marsh is liable and whether
or not the funeral homes are liable," said Rome lawyer Andy
Davis, lead and liaison counsel for the funeral homes' defense.
If liability is found, U.S. District Judge Harold L. Murphy will
then decide how to handle awarding damages, which may involve
another jury.

Davis will try to show the funeral homes could not have foreseen
what would happen with the corpses when they turned them over to
the crematory, according to pre-trial court filings.

Frank Jenkins, a Cartersville lawyer representing Marsh and his
late father's estate, said he will focus on proving that the
late Ray Marsh has no liability because all of the identified
corpses found at the crematory arrived after 1996. Plaintiffs'
attorneys did not return calls for comment.


TROY PARK: Recalls Frankfurters For Possible Listeria Content
-------------------------------------------------------------
Troy Pork Store, a Troy, N.Y., firm, in cooperation with the
U.S. Food Safety and Inspection Service (FSIS), is voluntarily
recalling approximately 540 pounds of beef and pork frankfurters
that may be contaminated with Listeria monocytogenes.

The products subject to recall are approximately 25 lb. vacuum
sealed packages of "TROY PORK STORE FRANKFURTERS."  Each package
bears the establishment number "Est. 4359" inside the USDA mark
of inspection. These products were produced on Jan. 23, 2004 and
were distributed to restaurants in Troy, N.Y., and surrounding
towns.

The company also sold 1 pound vacuum sealed packages of the
frankfurters at the company's retail store in Troy.  All
packages bear the same label information.

FSIS has received no reports of illnesses associated with
consumption of these products. Anyone concerned about an illness
should contact a physician. The problem was discovered by the
company, which notified FSIS.

Consumption of food contaminated with Listeria monocytogenes can
cause listeriosis, an uncommon but potentially fatal disease.
Healthy people rarely contract listeriosis. However, listeriosis
can cause high fever, severe headache, neck stiffness and
nausea. Listeriosis can also cause miscarriages and stillbirths,
as well as serious and sometimes fatal infections in those with
weak immune systems - infants, the frail or elderly and persons
with chronic disease, HIV infection or in chemotherapy.

For more information, contact Walter Pohlmann, company owner, at
518-272-8291.


VARI-L COMPANY: Ex-CFO, Controller Face SEC Charges In CO Court
---------------------------------------------------------------
The U.S. Attorney for the District of Colorado announced the
filing of criminal charges against Jon Clark, former CFO of the
now defunct Vari-L Company, Inc. and Sara Hume, former
controller of the company, over allegations of falsifying
information to inflate the company's revenue.  Clark was charged
in a one-count information with making a false statement in a
report filed with the Securities and Exchange Commission.  Hume
was charged with one count of falsifying corporate books and
records. The separate criminal complaints were filed in the U.S.
District Court for the District of Colorado.

On Sept.27, 2001, the Commission filed a civil complaint against
Clark, Hume and others in the U.S. District Court for the
District of Colorado on, over allegations that they and Vari-L
engaged in a massive  financial reporting  fraud  designed to
show consistently  increasing  revenue  and earnings, instead of
losses, from 1996 through the quarter  ended  March 31, 2000,
by recognizing false revenue, improperly capitalizing and
depreciating costs, overstating inventory, and improperly
deferring period costs. On Oct. 8, 2001 and Aug. 9, 2002,
respectively, the U.S. District Court entered final judgments of
permanent injunction, pursuant to the defendants' consents,
against Clark and Hume.


VIRGINIA: Coast Guard Suspends Search In Tanker Explosion
---------------------------------------------------------
The Coast Guard suspended its search for survivors of an
ethanol-laden tanker explosion that killed three crewmen Sunday
night, and said it would send a plane Monday morning to decide
whether to resume the search, the Associated Press reports.
Eighteen crewmen are still missing.

"Realistically, the longer the search goes on, the less likely
it is that we will find anyone who is still alive," Rear Adm.
Sally Brice-O'Hara, commander of the Coast Guard's 5th District.

With the water temperature at 44 degrees, a person could survive
several hours depending on health and survival gear, Brice-
O'Hara said. Six crewmen were rescued within hours of Saturday's
explosion. Three survivors were in good condition at the
hospital and could be released Monday morning, said a hospital
spokeswoman. Three others were released Sunday morning.

"They look like they've been through an ordeal and they're very
introspective about what happened," hospital spokeswoman Vicky
Gray said of the rescued crewmen, who are Filipino and did not
speak English. "They're very quiet, subdued, like you would
expect."

Guardsmen don't yet know how much of the fuel aboard the ship
spilled; but they say it was carrying 3.5 million gallons of
ethanol, 48,000 gallons of stored diesel fuel and 193,000
gallons of fuel oil. The ship, the Bow Mariner, was traveling
from New York to Houston when it made an emergency call just
after 6 p.m. Saturday that there had been an explosion, Coast
Guard officials said.

Lt. Chris Shaffer of Ocean City (Md.) Emergency Services said
the explosion came after a fire started on the ship's deck. The
570-foot tanker then sank about 200 feet to the ocean's bottom.
Two crewmen died at hospitals in Maryland and the third died
aboard a private fishing vessel that went to the scene, Coast
Guard and hospital officials said.

It was unclear how much ethanol spilled into the ocean, but
Coast Guard officials said the substance would largely dissipate
at sea with minor environmental impact. Fuel from the tanker
that spilled when the ship sank also was dissipating, a Coast
Guard spokesman said.

The Singapore-flagged ship is a chemical tanker built in 1982
and is managed by a Greek company, Ceres Hellenic Shipping
Enterprises Ltd. A company spokesman said the ship had a crew of
24 Filipinos and three Greeks.


ZACKY FARMS: Recalls Cooked Turkey Breasts For Plastics Content
---------------------------------------------------------------
Zacky Farms, LLC, a Stockton, Calif., firm, in cooperation with
the U.S. Food Safety and Inspection Service (FSIS), is
voluntarily recalling approximately 19,200 pounds of cooked
turkey breasts that may contain small pieces of blue plastic
film. The problem was discovered by a wholesale customer, who
alerted the company.

The products being recalled are: "Zacky Farms Deli Classic
TURKEY BREAST, with White Turkey, 97% FAT FREE." Each package
weighs approximately 10 pounds and the establishment code, "P-
220," appears inside the USDA mark of inspection.

The turkey breasts are packaged two to a case. The case label
reads, "Zacky Farms OVEN ROASTED TURKEY BREAST WITH WHITE
TURKEY." The case label contains the item code "87000" and a
sell/freeze by date of either "3/31/04" or "4/01/04." The
products were produced on December 22 and 23, 2003 and were
distributed to delicatessens and restaurants in California

For more information, contact Dr. Mohammed Azam, company quality
assurance manager, at 1-800-999-8202, Ext. 2153. Media with
questions may contact Todd Beal, company food safety director,
at 1-800-999-8202, Ext. 6645. Or call: toll-free USDA Meat and
Poultry Hotline at l-800-535-4555. The hotline is available in
English and Spanish and can be reached from l0 a.m. to 4 p.m.
(Eastern Time) Monday through Friday. And recorded food safety
messages are available 24 hours a day.


                 Meetings, Conferences & Seminars


* Scheduled Events for Class Action Professionals
-------------------------------------------------

March 4, 2004
PRACTICAL TRAINING FOR THE CLAIMS PROFESSIONAL
Mealey Publications
The Westin Hotel, Stamford, CT
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

March 8-9, 2004
THE ROLE OF PARALEGALS IN MASS TORT LITIGATION
Mealey Publications
The Westin Chicago River North, Chicago
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

March 8-9, 2004
DEFENDING AND MANAGING CLASS ACTIONS
American Conferences
San Francisco
Contact: http://www.americanconference.com

March 9, 2004
PATENT LITIGATION CONFERENCE
Mealey Publications
The Westin Chicago River North, Chicago
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

March 9, 2004
INSURANCE CLAIMS CONFERENCE
Mealey Publications
The Westin Chicago River North, Chicago
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

March 11-12, 2004
CONSUMER FINANCIAL SERVICES LITIGATION 2004
Practicing Law Institute
New York
Contact: 800-260-4pli; info@pli.edu

March 11-12, 2004
WELDING ROD LITIGATION CONFERENCE
Mealey Publications
Caesar's Palace, Las Vegas
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

March 18-19, 2004
SECURITIES, DRUGS & ENVIRONMENTAL LITIGATION
MassTortsMadePerfect.Com
The Fairmont, San Francisco, California
Contact: 1-800-320-2227; register@masstortsmadeperfect.com

March 22-23, 2004
INNOVATIVE DEFENCE STRATEGIES IN DRUG & MEDICAL DEVICE
LITIGATION
Mealey Publications
The Westin Kierland, Scottsdale, AZ
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

March 22-23, 2004
EMERGING DRUGS AND DIVICES CONFERENCE FOR PLAINTIFF ATTORNEYS
Mealey Publications
The Westin Kierland, Scottsdale, AZ
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

March 25-26, 2004
INSURANCE 101 CONFERENCE
Mealey Publications
The Westin Hotel, Philadelphia
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

March 29-30, 2004
LITIGATING BAD FAITH AND PUNITIVE DAMAGES
American Conferences
San Francisco
Contact: http://www.americanconference.com

April 7-8, 2004
INSURANCE LAW 2004: UNDERSTANDING THE ABC'S
Practicing Law Institute
New York
Contact: 800-260-4pli; info@pli.edu

April 14-17, 2004
INSURANCE INSOLVENCY AND REINSURANCE ROUNDTABLE
Mealey Publications
The Scottsdale Princess, Scottsdale, AZ
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

April 15-16, 2004
OPINION AND EXPERT TESTIMONY IN FEDERAL AND STATE COURTS
ALI-ABA
New Orleans
Contact: 215-243-1614; 800-CLE-NEWS x1614

April 15-16, 2004
HANDLING CONSTRUCTION RISKS 2004: ALLOCATE NOW OR LITIGATE LATER
Practicing Law Institute
New York
Contact: 800-260-4pli; info@pli.edu

April 19-20, 2004
SILICA MEDICINE CONFERENCE
Mealey Publications
The Ritz-Carlton Huntington Hotel & Spa, Pasadena, CA
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

April 19-20, 2004
LEXISNEXIS PRESENTS WALL STREET FORUM: ASBESTOS
Mealey Publications
New York Marriott Financial Center
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

April 22-24, 2004
LITIGATING MEDICAL MALPRACTICE CLAIMS
ALI-ABA
New Orleans
Contact: 215-243-1614; 800-CLE-NEWS x1614

April 26-27, 2004
MOLD 101 CONFERENCE
Mealey Publications
The Fairmont Hotel, New Orleans
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

May 6-7, 2004
FEN-PHEN LITIGATION CONFERENCE
Mealey Publications
The Westin Hotel, Philadelphia
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

May 6-7, 2004
CONSUMER FINANCIAL SERVICES LITIGATION 2004
Practicing Law Institute
San Francisco
Contact: 800-260-4pli; info@pli.edu

May 6-7, 2004
CONFERENCE ON LIFE AND HEALTH INSURANCE LITIGATION
ALI-ABA
Washington, D.C. Tuition $995
Contact: 215-243-1614; 800-CLE-NEWS x1614

May 11, 2004
EPHEDRA LITIGATION CONFERENCE
Mealey Publications
The San Diego Marina Marriott, San Diego
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

May 20-21, 2004
ACCOUNTANTS' LIABILITY
ALI-ABA
Chicago
Contact: 215-243-1614; 800-CLE-NEWS x1614

May 24-25, 2004
ADDITIONAL INSURED CONFERENCE
Mealey Publications
The Ritz-Carlton Boston Common, Boston
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

May 25, 2004
D&O INSURANCE CONFERENCE
Mealey Publications
The Ritz-Carlton Boston Common, Boston
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

June 7-8, 2004
ASBESTOS BANKRUPTCY CONFERENCE
Mealey Publications
The Four Seasons Hotel, Chicago
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

June 10-11, 2004
SECURITIES, DRUGS & ENVIRONMENTAL LITIGATION
MassTortsMadePerfect.Com
Atlantis, Paradise Island, Bahamas
Contact: 1-800-320-2227; register@masstortsmadeperfect.com

June 10-11, 2004
LITIGATING DISABILITY INSURANCE CLAIMS
American Conferences
Boston
Contact: http://www.americanconference.com

June 16, 2004
BUSINESS INTERRUPTION INSURANCE CONFERENCE
Mealey Publications
The Ritz-Carlton Hotel, Pentagon City
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

June 17, 2004
E-DISCOVERY CONFERENCE
Mealey Publications
The Ritz-Carlton Hotel, Pentagon City
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

June 22-23, 2004
NATIONAL MOLD LITIGATION CONFERENCE
Mealey Publications
The Ritz-Carlton Grande Lakes Resort, Orlando, FL
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

July 16, 2004
PRODUCTS LIABILITY
ALI-ABA
Chicago
Contact: 215-243-1614; 800-CLE-NEWS x1614

September 20-21, 2004
REINSURANCE SUMMIT
Mealey Publications
The Ritz-Carlton Boston Common, Boston
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

September 20-21, 2004
NATIONAL ASBESTOS LITIGATION CONFERENCE
Mealey Publications
The Westin Hotel, Philadelphia
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

September 21, 2004
E-DISCOVERY CONFERENCE
Mealey Publications
The Westin Hotel, Philadelphia
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

September 27-28, 2004
BAD FAITH CONFERENCE
Mealey Publications
The Ritz-Carlton Hotel, Philadelphia
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

October 4-5, 2004
INSURANCE COVERAGE DISPUTES CONCERNING CONSTRUCTION DEFECTS
CONFERENCE
Mealey Publications
The Westin Chicago River North, Chicago
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

October 25-26, 2004
SILICA LITIGATION CONFERENCE
Mealey Publications
The Ritz-Carlton Hotel, New Orleans
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

October 26, 2004
PVC LITIGATION CONFERENCE
Mealey Publications
The Ritz-Carlton Hotel, New Orleans
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

November 8-9, 2004
CALIFORNIA SECTION 17200 CONFERENCE
Mealey Publications
The Ritz-Carlton Hotel Huntington Hotel & Spa, Pasadena, CA
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

November 9, 2004
ANTI-SLAPP CONFERENCE
Mealey Publications
The Ritz-Carlton Hotel Huntington Hotel & Spa, Pasadena, CA
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

November 11-12, 2004
ASBESTOS LITIGATION IN THE 21ST CENTURY
ALI-ABA
New Orleans
Contact: 215-243-1614; 800-CLE-NEWS x1614

December 9-10, 2004
ASBESTOS PREMISES LIABILITY CONFERENCE
Mealey Publications
The Ritz-Carlton Hotel Huntington Hotel & Spa, Pasadena, CA
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

December 9-10, 2004
CONSTRUCTION DEFECT & MOLD LITIGATION CONFERENCE
Mealey Publications
The Ritz-Carlton Lake Las Vegas, Las Vegas
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

TBA
FAIR LABOR STANDARDS CONFERENCE
Mealey Publications
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

TBA
AIRLINE BANKRUPTCY LITIGATION CONFERENCE
Mealey Publications
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com

TBA
FASTFOOD INDUSTRY LIABILITY CONFERENCE
Mealey Publications
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com



* Online Teleconferences
------------------------

March 05-30, 2004
DAMAGES IN TEXAS INSURANCE LITIGATION:
EVALUATING, PLEADING, AND PROVING
CLEOnline.Com
Contact: 512-778-5665; info@cleonline.com

March 05-30, 2004
NBI PRESENTS "EMERGING ISSUES IN CALIFORNIA
INDOOR AIR QUALITY AND TOXIC MOLD LITIGATION
CLEOnline.Com
Contact: 512-778-5665; info@cleonline.com

March 05-30, 2004
NBI PRESENTS "LITIGATING THE CLASS ACTION LAWSUIT IN FLORIDA
CLEOnline.Com
Contact: 512-778-5665; info@cleonline.com

May 6-7, 2004
CONSUMER FINANCIAL SERVICES LITIGATION 2004
Practicing Law Institute
Contact: 800-260-4pli; info@pli.edu

ADVERSARIAL PROCEEDINGS IN ASBESTOS BANKRUPTCIES
LawCommerce.Com/Mealey's
Online Streaming Video
Contact: customerservice@lawcommerce.com

ASBESTOS BANKRUPTCY - PANEL OF CREDITORS COMMITTEE MEMBERS
LawCommerce.Com/Mealey's
Online Streaming Video
Contact: customerservice@lawcommerce.com

EXPERT WITNESS ADMISSIBILITY IN MOLD CASES
LawCommerce.Com/Mealey's
Online Streaming Video
Contact: customerservice@lawcommerce.com

INTRODUCTION TO CLASS ACTIONS AND LARGE RECOVERIES
Big Class Action
Contact: seminars@bigclassaction.com

NON-TRADITIONAL DEFENDANTS IN ASBESTOS LITIGATION
Online Streaming Video
LawCommerce.Com/Mealey's
Contact: customerservice@lawcommerce.com

PAXIL LITIGATION
Online Streaming Video
LawCommerce.Com/Mealey's
Contact: customerservice@lawcommerce.com

RECENT DEVELOPMENTS INVOLVING BAYCOL
Online Streaming Video
LawCommerce.Com/Mealey's
Contact: customerservice@lawcommerce.com

RECOVERIES
Big Class Action
Contact: seminars@bigclassaction.com

SELECTION OF MOLD LITIGATION EXPERTS: WHO YOU NEED ON YOUR TEAM
Online Streaming Video
LawCommerce.Com/Mealey's
Contact: customerservice@lawcommerce.com

SHOULD I FILE A CLASS ACTION?
LawCommerce.Com / Law Education Institute
Contact: customerservice@lawcommerce.com

THE EFFECTS OF ASBESTOS ON THE PULMONARY SYSTEM
Online Streaming Video
LawCommerce.Com/Mealey's
Contact: customerservice@lawcommerce.com

THE STATE OF ASBESTOS LITIGATION: JUDICIAL PANEL DISCUSSION
Online Streaming Video
LawCommerce.Com/Mealey's
Contact: customerservice@lawcommerce.com

TRYING AN ASBESTOS CASE
LawCommerce.Com
Contact: customerservice@lawcommerce.com

THE IMPACT OF LORILLAR ON STATE AND LOCAL REGULATION OF TOBACCO
SALES
AND ADVERSTISING
American Bar Association
Contact: 800-285-2221; abacle@abanet.org


                       New Securities Fraud Cases


EL PASO: Federman & Sherwood Lodges Securities Suit in TX Court
---------------------------------------------------------------
Federman & Sherwood initiated a securities class action against
El Paso Corporation (NYSE: EP) in the United States District
Court for the Southern District of Texas, alleging that,
throughout the class period of February 22, 2000 through
February 17, 2004, the Company issued materially false and
misleading statements thereby artificially inflating the price
of the securities of the Company.

For more details, contact William B. Federman by Mail: 120 N.
Robinson, Suite 2720, Oklahoma City, OK 73102 by Phone: (405)
235-1560 by Fax: (405) 239-2112 or by E-mail: wfederman@aol.com


EL PASO: Wechsler Harwood Files Securities Fraud Suit in S.D. TX
----------------------------------------------------------------
Wechsler Harwood LLP initiated a securities class action on
behalf of persons or entities who purchased or otherwise
acquired the securities of El Paso Corporation (NYSE:EP) during
the period from March 31, 2003 through and including February
17, 2004.  The action, entitled Copland v. El Paso Corp., et al,
Case No. not yet assigned, is pending in the United States
District Court for the Southern District of Texas and names as
defendants, the Company and:

     (1) former chairman and chief executive officer Ronald L.
         Kuehn, Jr.,

     (2) current president and chief executive officer, Douglas
         L. Foshee, and

     (3) executive vice president and chief financial officer,
         D. Dwight Scott

The complaint charges defendants with violating Sections 10(b)
and 20(a) of the Securities Exchange Act of 1934 and the rules
and regulations promulgated thereunder, including U.S.
Securities and Exchange Commission (SEC) Rule 10b-5, due to
their materially misrepresenting El Paso's financial condition
and thereby causing the company's stock to trade at artificially
high prices during the Class Period.

Specifically, it is alleged that El Paso reported strong proved
global oil and natural gas reserves. Proved reserves are defined
as those that can be extracted from known fields under existing
economic and operating conditions and represent a key metric in
assessing an oil company's future growth.  All along, however,
El Paso's seemingly strong financial prospects were the direct
result of the defendants having artificially inflated the
company's proved reserves and, correspondingly, its potential
future revenue stream.

After the markets closed on February 17, 2004, El Paso shocked
the investing public by announcing that an independent review of
the company's proved oil and gas reserves revealed that, as of
January 1, 2003, El Paso overstated such reserves by a
staggering 41%, or 3.64 trillion cubic feet.  The company
further revealed that, as a direct result, it expects to take a
pre-tax charge of approximately $1 billion for the fourth
quarter of fiscal year 2004.

On the heels of these revelations, El Paso's common stock fell
17.6% from a closing price of $8.81 on February 17, 2004 to a
close of $7.26 on February 18, 2004.

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


ITT EDUCATIONAL: Charles Piven Files Securities Suit in Indiana
---------------------------------------------------------------
The Law Offices Of Charles J. Piven, P.A. initiated a securities
class action on behalf of shareholders who purchased, converted,
exchanged or otherwise acquired the common stock of ITT
Educational Services, Inc. (NYSE:ESI) between April 17, 2003 and
February 24, 2004, inclusive.  The case is pending in the United
States District Court for the District of Indiana against
defendant ITT Educational and certain of its officers and
directors.

The action charges that defendants violated federal securities
laws by issuing a series of materially false and misleading
statements to the market throughout the Class Period which
statements had the effect of artificially inflating the market
price of the Company's securities.

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


ITT EDUCATIONAL: Schiffrin & Barroway Lodges Lawsuit in Indiana
---------------------------------------------------------------
Schiffrin & Barroway, LLP initiated a securities class action in
the United States District Court for the Southern District of
Indiana on behalf of purchasers of ITT Educational Services,
Inc. (NYSE: ESI) publicly traded securities during the period
between October 16, 2003 and February 25, 2004, inclusive.

The complaint charges ITT/ESI, Rene R. Champagne and Kevin M.
Modany with violations of Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934, and Rule 10b-5 promulgated
thereunder.  More specifically, the complaint alleges that
throughout the Class Period, ITT/ESI issued multiple press
releases highlighting the Company's increasing financial
performance and the continued robust demand for its educational
programs.

The Company also disclosed in its filings with the Securities &
Exchange Commission (SEC) during the Class Period that a
substantial portion of the tuition paid by its students comes
from federal education aid programs, which the Company's schools
are authorized to offer.  These statements, however, were
materially false and misleading because they failed to disclose:

     (1) that the statistics that the Company provided to the
         government in order to continue its eligibility in
         offering Title IV programs were inaccurate;

     (2) that defendants' actions would result in reputational
         harm to the Company's schools and possible
         disqualification of the Company's students from future
         participation in federal education aid programs; and

     (3) that as a result, defendants' positive statements
         concerning the Company's future prospects were lacking
         in a reasonable basis when made.

As defendants continued to issue positive statements about the
Company and its future prospects, shares of the Company's stock
steadily increased. Throughout this period, ITT/ESI insiders
took advantage of the artificial inflation in the Company's
stock and sold approximately $8,455,385 of their personally held
shares to the unsuspecting public at artificially inflated
prices.

On February 25, 2004, ITT/ESI shocked the market when it
announced that federal agents had raided the Company's corporate
headquarters in Indianapolis. The agents carried search warrants
that were issued from a grand jury probe by the Southern
District of Texas. According to the Company, the investigation
involved grand jury subpoenas of records concerning student
placement, retention, graduation, attendance, recruitment,
grades, graduates' salaries and transfers of students' credits
to other colleges.

Trading was halted throughout the morning. When trading resumed,
shares of the Company's stock fell to $38.50 per share, a
decline of $18.90 per share, or approximately 33%, on extremely
high trading volume.

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


ITT EDUCATIONAL: Brualdi Firm Lodges Securities Suit in Indiana
---------------------------------------------------------------
The Brualdi Law Firm lodges a securities class action in the
United States District Court for the District of Indiana on
behalf of purchasers of ITT Educational Services, Inc.
(NYSE:ESI), common stock between April 17, 2003 and February 27,
2004, inclusive.

The complaint alleges that the Company's Class Period
representations regarding its quarterly performance, made in
press releases and SEC filings, were each materially false and
misleading because they failed to disclose that:

     (1) ITT Educational had systematically falsified records,
         such as those relating to enrollment, graduation and
         job placement rates, in order to artificially inflate
         its reported operational and financial performance;

     (2) a material portion of the Company's reported revenues
         were derived through fraudulent business practices,
         such as federal grants and financial aid payments that
         were secured through falsified records;

     (3) the Company's reported results did not accurately
         portray the Company's operations because a material
         portion of those results were not attributable to
         prohibited practices; and

     (4) that the Company's results were not prepared and
         reported in accordance with generally accepted
         accounting principles and did not fairly present its
         actual financial results or condition.

On February 25, 2004, before the opening of ordinary trading,
the Company issued a press release announcing that it had been
served with a search warrant and related grand jury subpoenas at
its corporate headquarters and several of its schools.  In
reaction to this announcement, the price of ITT Educational
common stock plummeted, falling from $57.40 per share on
February 24, 2004 to close at $38.50 on February 25, 2004 -- a
one-day drop of 33% on unusually heavy trading volume.

For more details, contact Richard B. Brualdi, Kevin T. O'Brien,
or Gaitri Boodhoo by Phone: (212) 952-0602 or (877) 495-1187,
Toll-Free by E-mail: rbrualdi@brualdilawfirm.com or visit the
firm's Website: http://www.brualdilawfirm.com


ITT EDUCATIONAL: Cauley Geller Lodges Securities Suit in S.D. IN
----------------------------------------------------------------
Cauley Geller Bowman & Rudman, LLP initiated a securities class
action in the United States District Court for the Southern
District of Indiana on behalf of purchasers of ITT Educational
Services, Inc. (NYSE: ESI) publicly traded securities during the
period between October 16, 2003 and February 25, 2004,
inclusive.

The complaint charges ITT/ESI, Rene R. Champagne and Kevin M.
Modany with violations of Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934, and Rule 10b-5 promulgated
thereunder.  More specifically, the complaint alleges that
throughout the Class Period, ITT/ESI issued multiple press
releases highlighting the Company's increasing financial
performance and the continued robust demand for its educational
programs.

The Company also disclosed in its filings with the Securities &
Exchange Commission (SEC) during the Class Period that a
substantial portion of the tuition paid by its students comes
from federal education aid programs, which the Company's schools
are authorized to offer.  These statements, however, were
materially false and misleading because they failed to disclose:

     (1) that the statistics that the Company provided to the
         government in order to continue its eligibility in
         offering Title IV programs were inaccurate;

     (2) that defendants' actions would result in reputational
         harm to the Company's schools and possible
         disqualification of the Company's students from future
         participation in federal education aid programs; and

     (3) that as a result, defendants' positive statements
         concerning the Company's future prospects were lacking
         in a reasonable basis when made.

As defendants continued to issue positive statements about the
Company and its future prospects, shares of the Company's stock
steadily increased. Throughout this period, ITT/ESI insiders
took advantage of the artificial inflation in the Company's
stock and sold approximately $8,455,385 of their personally-held
shares to the unsuspecting public at artificially inflated
prices.

On February 25, 2004, ITT/ESI shocked the market when it
announced that federal agents had raided the Company's corporate
headquarters in Indianapolis. The agents carried search warrants
that were issued from a grand jury probe by the Southern
District of Texas. According to the Company, the investigation
involved grand jury subpoenas of records concerning student
placement, retention, graduation, attendance, recruitment,
grades, graduates' salaries and transfers of students' credits
to other colleges.

Trading was halted throughout the morning. When trading resumed,
shares of the Company's stock fell to $38.50 per share, a
decline of $18.90 per share, or approximately 33%, on extremely
high trading volume.

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


PIMCO FUNDS: Milberg Weiss Lodges Securities Lawsuit in CT Court
----------------------------------------------------------------
Milberg Weiss Bershad Hynes & Lerach LLP initiated a securities
class action on behalf of purchasers of the securities of the
PIMCO family of funds between February 28, 1999 and February 15,
2004, inclusive, seeking to pursue remedies under the Securities
Exchange Act of 1934, the Securities Act of 1933 and the
Investment Advisers Act of 1940.

The Funds, and the symbols for the respective Funds named below,
are as follows:

     (1) PIMCO All Asset Fund (Sym: PASAX, PASBX, PASCX, PAAIX,
         PAALX)

     (2) PIMCO Asset Allocation Fund (Sym: PALAX, PALBX, PALCX)

     (3) PIMCO CA Intermediate Muni Bond Fund (Sym: PCMBX,
         PCIMX)

     (4) PIMCO CA Muni Bond Fund (Sym: PCAAX, PICMX)

     (5) PIMCO CCM Capital Appreciation Fund (Sym: PCFAX, PFCBX,
         PFCCX, PAPIX)

     (6) PIMCO CCM Mid-Cap Fund (Sym: PFMAX, PFMBX, PFMCX,
         PGMIX)

     (7) PIMCO CommodityRealReturn Strategy Fund (Sym: PCRAX,
         PCRBX, PCRCX, PCRIX)

     (8) PIMCO Diversified Income Fund (Sym: PDVAX, PDVBX,
         PDICX, PDIIX)

     (9) PIMCO Emerging Markets Bond Fund (Sym: PAEMX, PBEMX,
         PEBCX, PEBIX)

    (10) PIMCO Foreign Bond Fund (Sym: PFOAX, PFOBX, PFOCX,
         PFORX)

    (11) PIMCO GNMA Fund (Sym: PAGNX, PGGNX, PCGNX, PDMIX)

    (12) PIMCO Global Bond II Fund (Sym: PAIIX, PBIIX, PCIIX,
         PGBIX)

    (13) PIMCO High Yield Fund (Sym: PHDAX, PHDBX, PHDCX, PHIYX)

    (14) PIMCO International StocksPlus TR Strategy Fund (Sym:
         PIPAX, PIPBX, PIPCX)

    (15) PIMCO Investment Grade Corporate Bond Fund (Sym: PIGIX)

    (16) PIMCO Long-Term U.S.Govt. Fund (Sym: PFGAX, PGGBX,
         PFGCX, PGOVX)

    (17) PIMCO Low Duration Fund (Sym: PTLAX, PTLBX, PTLCX,
         PLDTX)

    (18) PIMCO Low Duration II Fund (Sym: PLDTX)

    (19) PIMCO Low Duration III Fund (Sym: PLDIX)

    (20) PIMCO Moderate Duration Fund (Sym: PMDRX)

    (21) PIMCO Money Market Fund (Sym: PYAXX, PYCXX, PKCXX,
         PMIXX)

    (22) PIMCO Municipal Bond Fund (Sym: PMLAX, PNFBX, PMLCX,
         PFMIX)

    (23) PIMCO NACM Flex-Cap Fund (Sym: PNFAX, PNFBX, PNFCX)

    (24) PIMCO NACM Global Fund (Sym: NGBAX, NGBBX, NGBCX)

    (25) PIMCO NACM Growth Fund (Sym: NGWAX, NGWBX, NGWCX

    (26) PIMCO NACM International Fund (Sym: PILAX, PILBX,
         PILCX)

    (27) PIMCO NACM Pacific Rim Fund (Sym: PPRAX, PPRBX, PPRCX,
         NAPRX)

    (28) PIMCO NACM Value Fund (Sym: PVUAX, PVUBX, PVUCX)

    (29) PIMCO NFJ Dividend Value Fund (Sym: PNEAX, PNEBX,
         PNECX, NFJEX)

    (30) PIMCO NFJ Large-Cap Value Fund (Sym: PNBAX, PNBBX,
         PNBCX)

    (31) PIMCO NFJ Small-Cap Value Fund (Sym: PCVAX, PCVBX,
         PCVCX, PSVIX)

    (32) PIMCO NY Muni Bond Fund (Sym: PNYAX)

    (33) PIMCO PEA Growth Fund (Sym: PGWAX, PGFBX, PGWCX, PGFIX)

    (34) PIMCO PEA Growth and Income Fund (Sym: PGRAX, PGRBX,
         PGNCX, PMEIX)

    (35) PIMCO PEA Innovation Fund (Sym: PIVAX, PIVBX, PIVCX,
         PIFIX)

    (36) PIMCO PEA Opportunity Fund (Sym: POPAX, PQNBX, POPCX,
         POFIX)

    (37) PIMCO PEA Renaissance Fund (Sym: PQNAX, PGNBX, PQNCX,
         PRNIX)

    (38) PIMCO PEA Target Fund (Sym: PTAAX, PTABX, PTACX, PFTIX)

    (39) PIMCO PEA Value Fund (Sym: PDLAX, PDLBX, PDLCX, PDLIX)

    (40) PIMCO RCM Biotechnology Fund (Sym: RABTX, RBBTX, RCBTX)

    (41) PIMCO RCM Global Healthcare Fund (Sym: RAGHX, RBGHX,
         RCGHX)

    (42) PIMCO RCM Global Small-Cap Fund (Sym: RGSAX, RGSBX,
         RGSCX, DGSCX)

    (43) PIMCO RCM Global Technology Fund (Sym: RAGTX, RBGTX,
         RCGTX, DRGTX)

    (44) PIMCO RCM International Growth Equity Fund (Sym: RAIGX,
         RBIGX, RCIGX, DRIEX)

    (45) PIMCO RCM Large-Cap Growth Fund (Sym: RALGX, RBLGX,
         RCLGX, DRLCX)

    (46) PIMCO RCM Mid-Cap Fund (Sym: RMDAX, RMDBX, RMDCX,
         DRMCX)

    (47) PIMCO RCM Tax-Managed Growth Fund (Sym: PMWAX, PMWBX,
         PMWCX, DRTIX)

    (48) PIMCO Real Return Fund (Sym: PRTNX, PRRBX, PRTCX,
         PRRIX, PARRX, PRRRX)

    (49) PIMCO Real Return Fund (Sym: PRRIX)

    (50) PIMCO Real Return II Fund (Sym: PIRRX)

    (51) PIMCO Real Estate Real Return Strategy Fund (Sym:
         PETAX, PETBX, PETCX)

    (52) PIMCO Short Duration Municipal Income Fund (Sym: PSDAX,
         PSDCX, PSDIX)

    (53) PIMCO Short-Term Fund (Sym: PSHAX, PTSBX, PFTCX, PTSHX)

    (54) PIMCO Stocks PLUS Fund (Sym: PSPAX, PSPBX, PSPCX,
         PSTKX)

    (55) PIMCO Stocks PLUS Total Return Fund (Sym: PTOAX, PTOBX,
         PSOCX, PSPTX

    (56) PIMCO Total Return Fund (Sym: PTTAX, PTTBX, PTTCX,
         PTTRX)

    (57) PIMCO Total Return II Fund (Sym: PMBIX

    (58) PIMCO Total Return III Fund (Sym: PTSAX)

    (59) PIMCO Total Return Mortgage Fund (Sym: PMRAX, PMRBX,
         PMRCX, PTRIX)

The action is pending in the United States District Court for
the District of Connecticut against defendants:

     (i) Allianz Dresdner Asset Management of America L.P.;

    (ii) Allianz of America;

   (iii) Allianz Dresdner Asset Management of America Holding
         Inc.;

    (iv) PIMCO Advisors Fund Management LLC;

     (v) PEA Capital LLC;

    (vi) Cadence Capital Management LLC;

   (vii) NFJ Investment Group L.P.;

  (viii) Nicholas-Applegate Capital Management LLC;

    (ix) RCM Capital Management LLC;

     (x) PIMCO Funds Multi Manager Series;

    (xi) PIMCO Advisors VIT;

   (xii) Fixed Income Shares;

  (xiii) PIMCO Funds;

   (xiv) Canary Capital Partners, LLC;

    (xv) Canary Investment Management, LLC;

   (xvi) Edward J. Stern;

  (xvii) Brean Murray, Inc.;

(xviii) each of the Funds; and

   (xix) John Does 1-100.

The Complaint alleges that defendants violated Sections 11 and
15 of the Securities Act of 1933; Sections 10(b) and 20(a) of
the Securities Exchange Act of 1934, and Rule 10b-5 promulgated
thereunder; and Section 206 of the Investment Advisers Act of
1940.  The Complaint charges that, throughout the Class Period,
the Fund prospectuses failed to disclose that the Canary
Defendants, as defined therein, and the John Doe defendants,
were allowed to engage in "timing" of the Funds' securities.
Timing is excessive, arbitrage trading undertaken to turn a
quick profit and which ordinary investors are told that the
funds police. Timing injures ordinary mutual fund investors --
who are not allowed to engage in such practices -- and are
acknowledged as an improper practice by the Funds.

In return for receiving extra fees from the Canary Defendants
and the John Doe Defendants, the Funds allowed and facilitated
the privileged investors' timing activities, to the detriment of
class members, who paid, dollar for dollar, for the Canary
Defendants and John Doe Defendants' improper profits. These
practices were undisclosed in the prospectuses of the Funds,
which falsely represented that the Funds actively police
against.

For more details, contact Steven G. Schulman, Peter E. Seidman,
Andrei V. Rado by Mail: One Pennsylvania Plaza, 49th fl., New
York, NY, 10119-0165 by Phone: (800) 320-5081 or by E-mail:
pimcodinvestorsfundscase@milberg.com or visit the firm's
Website: http://www.milberg.com


PIMCO FUNDS: Glancy Binkow Lodges Securities Lawsuit in CT Court
----------------------------------------------------------------
Glancy Binkow & Goldberg LLP initiated a securities class action
in the United States District Court for the District of
Connecticut on behalf of a class consisting of all persons or
entities who purchased or otherwise acquired mutual funds in the
Pimco family of funds between February 28, 1999 and February 15,
2004, inclusive.

The Complaint charges, among others, Allianz Dresdner Asset
Management of America L.P., Allianz of America, Allianz Dresdner
Asset Management of America Holding Inc., PIMCO Advisors Fund
Management LLC, Canary Capital Partners LLC, Canary Investment
Management LLC, Edward J. Stern, Brean Murray, Inc. and each of
the Funds with violations of federal securities laws.

The complaint alleges that the Fund prospectuses failed to
disclose that certain of the defendants were allowed to engage
in ``market timing'' -- short-term, in-and-out trading of the
Funds' securities -- throughout the Class Period. In return for
receiving extra fees from certain defendants, the Funds allowed
and facilitated the privileged investors' timing activities, to
the detriment of Class members, who paid dollar-for-dollar for
improper profits made by the privileged investors. The complaint
alleges that these improper practices were undisclosed in the
Funds' prospectuses, which represented that the Funds actively
deter ``timing''.

The Funds, and the symbols for the respective Funds named below,
are as follows:

     (1) PIMCO All Asset Fund (Sym: PASAX, PASBX, PASCX, PAAIX,
         PAALX)

     (2) PIMCO Asset Allocation Fund (Sym: PALAX, PALBX, PALCX)

     (3) PIMCO CA Intermediate Muni Bond Fund (Sym: PCMBX,
         PCIMX)

     (4) PIMCO CA Muni Bond Fund (Sym: PCAAX, PICMX)

     (5) PIMCO CCM Capital Appreciation Fund (Sym: PCFAX, PFCBX,
         PFCCX, PAPIX)

     (6) PIMCO CCM Mid-Cap Fund (Sym: PFMAX, PFMBX, PFMCX,
         PGMIX)

     (7) PIMCO CommodityRealReturn Strategy Fund (Sym: PCRAX,
         PCRBX, PCRCX, PCRIX)

     (8) PIMCO Diversified Income Fund (Sym: PDVAX, PDVBX,
         PDICX, PDIIX)

     (9) PIMCO Emerging Markets Bond Fund (Sym: PAEMX, PBEMX,
         PEBCX, PEBIX)

    (10) PIMCO Foreign Bond Fund (Sym: PFOAX, PFOBX, PFOCX,
         PFORX)

    (11) PIMCO GNMA Fund (Sym: PAGNX, PGGNX, PCGNX, PDMIX)

    (12) PIMCO Global Bond II Fund (Sym: PAIIX, PBIIX, PCIIX,
         PGBIX)

    (13) PIMCO High Yield Fund (Sym: PHDAX, PHDBX, PHDCX, PHIYX)

    (14) PIMCO International StocksPlus TR Strategy Fund (Sym:
         PIPAX, PIPBX, PIPCX)

    (15) PIMCO Investment Grade Corporate Bond Fund (Sym: PIGIX)

    (16) PIMCO Long-Term U.S.Govt. Fund (Sym: PFGAX, PGGBX,
         PFGCX, PGOVX)

    (17) PIMCO Low Duration Fund (Sym: PTLAX, PTLBX, PTLCX,
         PLDTX)

    (18) PIMCO Low Duration II Fund (Sym: PLDTX)

    (19) PIMCO Low Duration III Fund (Sym: PLDIX)

    (20) PIMCO Moderate Duration Fund (Sym: PMDRX)

    (21) PIMCO Money Market Fund (Sym: PYAXX, PYCXX, PKCXX,
         PMIXX)

    (22) PIMCO Municipal Bond Fund (Sym: PMLAX, PNFBX, PMLCX,
         PFMIX)

    (23) PIMCO NACM Flex-Cap Fund (Sym: PNFAX, PNFBX, PNFCX)

    (24) PIMCO NACM Global Fund (Sym: NGBAX, NGBBX, NGBCX)

    (25) PIMCO NACM Growth Fund (Sym: NGWAX, NGWBX, NGWCX

    (26) PIMCO NACM International Fund (Sym: PILAX, PILBX,
         PILCX)

    (27) PIMCO NACM Pacific Rim Fund (Sym: PPRAX, PPRBX, PPRCX,
         NAPRX)

    (28) PIMCO NACM Value Fund (Sym: PVUAX, PVUBX, PVUCX)

    (29) PIMCO NFJ Dividend Value Fund (Sym: PNEAX, PNEBX,
         PNECX, NFJEX)

    (30) PIMCO NFJ Large-Cap Value Fund (Sym: PNBAX, PNBBX,
         PNBCX)

    (31) PIMCO NFJ Small-Cap Value Fund (Sym: PCVAX, PCVBX,
         PCVCX, PSVIX)

    (32) PIMCO NY Muni Bond Fund (Sym: PNYAX)

    (33) PIMCO PEA Growth Fund (Sym: PGWAX, PGFBX, PGWCX, PGFIX)

    (34) PIMCO PEA Growth and Income Fund (Sym: PGRAX, PGRBX,
         PGNCX, PMEIX)

    (35) PIMCO PEA Innovation Fund (Sym: PIVAX, PIVBX, PIVCX,
         PIFIX)

    (36) PIMCO PEA Opportunity Fund (Sym: POPAX, PQNBX, POPCX,
         POFIX)

    (37) PIMCO PEA Renaissance Fund (Sym: PQNAX, PGNBX, PQNCX,
         PRNIX)

    (38) PIMCO PEA Target Fund (Sym: PTAAX, PTABX, PTACX, PFTIX)

    (39) PIMCO PEA Value Fund (Sym: PDLAX, PDLBX, PDLCX, PDLIX)

    (40) PIMCO RCM Biotechnology Fund (Sym: RABTX, RBBTX, RCBTX)

    (41) PIMCO RCM Global Healthcare Fund (Sym: RAGHX, RBGHX,
         RCGHX)

    (42) PIMCO RCM Global Small-Cap Fund (Sym: RGSAX, RGSBX,
         RGSCX, DGSCX)

    (43) PIMCO RCM Global Technology Fund (Sym: RAGTX, RBGTX,
         RCGTX, DRGTX)

    (44) PIMCO RCM International Growth Equity Fund (Sym: RAIGX,
         RBIGX, RCIGX, DRIEX)

    (45) PIMCO RCM Large-Cap Growth Fund (Sym: RALGX, RBLGX,
         RCLGX, DRLCX)

    (46) PIMCO RCM Mid-Cap Fund (Sym: RMDAX, RMDBX, RMDCX,
         DRMCX)

    (47) PIMCO RCM Tax-Managed Growth Fund (Sym: PMWAX, PMWBX,
         PMWCX, DRTIX)

    (48) PIMCO Real Return Fund (Sym: PRTNX, PRRBX, PRTCX,
         PRRIX, PARRX, PRRRX)

    (49) PIMCO Real Return Fund (Sym: PRRIX)

    (50) PIMCO Real Return II Fund (Sym: PIRRX)

    (51) PIMCO Real Estate Real Return Strategy Fund (Sym:
         PETAX, PETBX, PETCX)

    (52) PIMCO Short Duration Municipal Income Fund (Sym: PSDAX,
         PSDCX, PSDIX)

    (53) PIMCO Short-Term Fund (Sym: PSHAX, PTSBX, PFTCX, PTSHX)

    (54) PIMCO Stocks PLUS Fund (Sym: PSPAX, PSPBX, PSPCX,
         PSTKX)

    (55) PIMCO Stocks PLUS Total Return Fund (Sym: PTOAX, PTOBX,
         PSOCX, PSPTX

    (56) PIMCO Total Return Fund (Sym: PTTAX, PTTBX, PTTCX,
         PTTRX)

    (57) PIMCO Total Return II Fund (Sym: PMBIX

    (58) PIMCO Total Return III Fund (Sym: PTSAX)

    (59) PIMCO Total Return Mortgage Fund (Sym: PMRAX, PMRBX,
         PMRCX, PTRIX)

For more details, contact Lionel Z. Glancy or Michael Goldberg
by Phone: (310) 201-9150 or (888) 773-9224 by E-mail:
info@glancylaw.com or visit the firm's Website:
http://www.glancylaw.com


PIMCO FUNDS: Rabin Murray Commences Securities Suit in CT Court
---------------------------------------------------------------
Rabin, Murray & Frank LLP initiated a securities class action on
behalf of purchasers of PIMCO PEA Growth and Income Fund
(Nasdaq:PGRBX), (Nasdaq:PGNCX), (Nasdaq:PMEIX); PIMCO Short
Duration Municipal Income Fund (Nasdaq:PSDCX), (Nasdaq:PSDIX);
PIMCO Short-Term Fund (Nasdaq:PTSBX), (Nasdaq:PFTCX),
(Nasdaq:PTSHX); PIMCO Total Return Fund (Nasdaq:PTTBX),
(Nasdaq:PTTCX), (Nasdaq:PTTRX) between February 28, 1999 and
February 15, 2004, inclusive.

The action seeks remedies under the Securities Exchange Act of
1934, the Securities Act of 1933 and the Investment Advisers Act
of 1940.  The Funds, and the symbols for the respective Funds
named below, are as follows:

     (1) PIMCO All Asset Fund (Sym: PASAX, PASBX, PASCX, PAAIX,
         PAALX)

     (2) PIMCO Asset Allocation Fund (Sym: PALAX, PALBX, PALCX)

     (3) PIMCO CA Intermediate Muni Bond Fund (Sym: PCMBX,
         PCIMX)

     (4) PIMCO CA Muni Bond Fund (Sym: PCAAX, PICMX)

     (5) PIMCO CCM Capital Appreciation Fund (Sym: PCFAX, PFCBX,
         PFCCX, PAPIX)

     (6) PIMCO CCM Mid-Cap Fund (Sym: PFMAX, PFMBX, PFMCX,
         PGMIX)

     (7) PIMCO CommodityRealReturn Strategy Fund (Sym: PCRAX,
         PCRBX, PCRCX, PCRIX)

     (8) PIMCO Diversified Income Fund (Sym: PDVAX, PDVBX,
         PDICX, PDIIX)

     (9) PIMCO Emerging Markets Bond Fund (Sym: PAEMX, PBEMX,
         PEBCX, PEBIX)

    (10) PIMCO Foreign Bond Fund (Sym: PFOAX, PFOBX, PFOCX,
         PFORX)

    (11) PIMCO GNMA Fund (Sym: PAGNX, PGGNX, PCGNX, PDMIX)

    (12) PIMCO Global Bond II Fund (Sym: PAIIX, PBIIX, PCIIX,
         PGBIX)

    (13) PIMCO High Yield Fund (Sym: PHDAX, PHDBX, PHDCX, PHIYX)

    (14) PIMCO International StocksPlus TR Strategy Fund (Sym:
         PIPAX, PIPBX, PIPCX)

    (15) PIMCO Investment Grade Corporate Bond Fund (Sym: PIGIX)

    (16) PIMCO Long-Term U.S.Govt. Fund (Sym: PFGAX, PGGBX,
         PFGCX, PGOVX)

    (17) PIMCO Low Duration Fund (Sym: PTLAX, PTLBX, PTLCX,
         PLDTX)

    (18) PIMCO Low Duration II Fund (Sym: PLDTX)

    (19) PIMCO Low Duration III Fund (Sym: PLDIX)

    (20) PIMCO Moderate Duration Fund (Sym: PMDRX)

    (21) PIMCO Money Market Fund (Sym: PYAXX, PYCXX, PKCXX,
         PMIXX)

    (22) PIMCO Municipal Bond Fund (Sym: PMLAX, PNFBX, PMLCX,
         PFMIX)

    (23) PIMCO NACM Flex-Cap Fund (Sym: PNFAX, PNFBX, PNFCX)

    (24) PIMCO NACM Global Fund (Sym: NGBAX, NGBBX, NGBCX)

    (25) PIMCO NACM Growth Fund (Sym: NGWAX, NGWBX, NGWCX

    (26) PIMCO NACM International Fund (Sym: PILAX, PILBX,
         PILCX)

    (27) PIMCO NACM Pacific Rim Fund (Sym: PPRAX, PPRBX, PPRCX,
         NAPRX)

    (28) PIMCO NACM Value Fund (Sym: PVUAX, PVUBX, PVUCX)

    (29) PIMCO NFJ Dividend Value Fund (Sym: PNEAX, PNEBX,
         PNECX, NFJEX)

    (30) PIMCO NFJ Large-Cap Value Fund (Sym: PNBAX, PNBBX,
         PNBCX)

    (31) PIMCO NFJ Small-Cap Value Fund (Sym: PCVAX, PCVBX,
         PCVCX, PSVIX)

    (32) PIMCO NY Muni Bond Fund (Sym: PNYAX)

    (33) PIMCO PEA Growth Fund (Sym: PGWAX, PGFBX, PGWCX, PGFIX)

    (34) PIMCO PEA Growth and Income Fund (Sym: PGRAX, PGRBX,
         PGNCX, PMEIX)

    (35) PIMCO PEA Innovation Fund (Sym: PIVAX, PIVBX, PIVCX,
         PIFIX)

    (36) PIMCO PEA Opportunity Fund (Sym: POPAX, PQNBX, POPCX,
         POFIX)

    (37) PIMCO PEA Renaissance Fund (Sym: PQNAX, PGNBX, PQNCX,
         PRNIX)

    (38) PIMCO PEA Target Fund (Sym: PTAAX, PTABX, PTACX, PFTIX)

    (39) PIMCO PEA Value Fund (Sym: PDLAX, PDLBX, PDLCX, PDLIX)

    (40) PIMCO RCM Biotechnology Fund (Sym: RABTX, RBBTX, RCBTX)

    (41) PIMCO RCM Global Healthcare Fund (Sym: RAGHX, RBGHX,
         RCGHX)

    (42) PIMCO RCM Global Small-Cap Fund (Sym: RGSAX, RGSBX,
         RGSCX, DGSCX)

    (43) PIMCO RCM Global Technology Fund (Sym: RAGTX, RBGTX,
         RCGTX, DRGTX)

    (44) PIMCO RCM International Growth Equity Fund (Sym: RAIGX,
         RBIGX, RCIGX, DRIEX)

    (45) PIMCO RCM Large-Cap Growth Fund (Sym: RALGX, RBLGX,
         RCLGX, DRLCX)

    (46) PIMCO RCM Mid-Cap Fund (Sym: RMDAX, RMDBX, RMDCX,
         DRMCX)

    (47) PIMCO RCM Tax-Managed Growth Fund (Sym: PMWAX, PMWBX,
         PMWCX, DRTIX)

    (48) PIMCO Real Return Fund (Sym: PRTNX, PRRBX, PRTCX,
         PRRIX, PARRX, PRRRX)

    (49) PIMCO Real Return Fund (Sym: PRRIX)

    (50) PIMCO Real Return II Fund (Sym: PIRRX)

    (51) PIMCO Real Estate Real Return Strategy Fund (Sym:
         PETAX, PETBX, PETCX)

    (52) PIMCO Short Duration Municipal Income Fund (Sym: PSDAX,
         PSDCX, PSDIX)

    (53) PIMCO Short-Term Fund (Sym: PSHAX, PTSBX, PFTCX, PTSHX)

    (54) PIMCO Stocks PLUS Fund (Sym: PSPAX, PSPBX, PSPCX,
         PSTKX)

    (55) PIMCO Stocks PLUS Total Return Fund (Sym: PTOAX, PTOBX,
         PSOCX, PSPTX

    (56) PIMCO Total Return Fund (Sym: PTTAX, PTTBX, PTTCX,
         PTTRX)

    (57) PIMCO Total Return II Fund (Sym: PMBIX

    (58) PIMCO Total Return III Fund (Sym: PTSAX)

    (59) PIMCO Total Return Mortgage Fund (Sym: PMRAX, PMRBX,
         PMRCX, PTRIX)

The action is pending in the United States District Court for
the District of Connecticut against defendants:

     (i) Allianz Dresdner Asset Management of America L.P.;

    (ii) Allianz of America;

   (iii) Allianz Dresdner Asset Management of America Holding
         Inc.;

    (iv) PIMCO Advisors Fund Management LLC;

     (v) PEA Capital LLC;

    (vi) Cadence Capital Management LLC;

   (vii) NFJ Investment Group L.P.;

  (viii) Nicholas-Applegate Capital Management LLC;

    (ix) RCM Capital Management LLC;

     (x) PIMCO Funds Multi Manager Series;

    (xi) PIMCO Advisors VIT;

   (xii) Fixed Income Shares;

  (xiii) PIMCO Funds;

   (xiv) Canary Capital Partners, LLC;

    (xv) Canary Investment Management, LLC;

   (xvi) Edward J. Stern;

  (xvii) Brean Murray, Inc.;

(xviii) each of the Funds; and

   (xix) John Does 1-100.

The Complaint alleges that defendants violated Sections 11 and
15 of the Securities Act of 1933; Sections 10(b) and 20(a) of
the Securities Exchange Act of 1934, and Rule 10b-5 promulgated
thereunder; and Section 206 of the Investment Advisers Act of
1940.  The Complaint charges that, throughout the Class Period,
the Fund prospectuses failed to disclose that the Canary
Defendants, as defined therein, and the John Doe defendants,
were allowed to engage in ``timing'' of the Funds' securities.
Timing is excessive, arbitrage trading undertaken to turn a
quick profit and which ordinary investors are told that the
funds police. Timing injures ordinary mutual fund investors --
who are not allowed to engage in such practices -- and is
acknowledged as an improper practice by the Funds.

In return for receiving extra fees from the Canary Defendants
and the John Doe Defendants, the Funds allowed and facilitated
the privileged investors' timing activities, to the detriment of
class members, who paid, dollar for dollar, for the Canary
Defendants and John Doe Defendants' improper profits. These
practices were undisclosed in the prospectuses of the Funds,
which falsely represented that the Funds actively police
against.

For more details, contact Eric J. Belfi or Aaron D. Patton by
Phone: (800) 497-8076 or (212) 682-1818 by Fax: (212) 682-1892
or by E-mail: info@rabinlaw.com


PIMCO FUNDS: Much Shelist Lodges Securities Fraud Lawsuit in NJ
---------------------------------------------------------------
Much Shelist Freed Denenberg Ament & Rubenstein, P.C. initiated
a securities class action in the United States District Court
for the District of New Jersey on behalf of purchasers,
redeemers and holders of shares of the PIMCO Mutual Funds set
forth below between February 23, 1999 and February 17, 2004,
inclusive.

The Funds that are the subject of this suit and their symbols
are as follows:

     (1) PIMCO All Asset Fund (Sym: PASAX, PASBX, PASCX, PAAIX,
         PAALX)

     (2) PIMCO Asset Allocation Fund (Sym: PALAX, PALBX, PALCX)

     (3) PIMCO CA Intermediate Muni Bond Fund (Sym: PCMBX,
         PCIMX)

     (4) PIMCO CA Muni Bond Fund (Sym: PCAAX, PICMX)

     (5) PIMCO CCM Capital Appreciation Fund (Sym: PCFAX, PFCBX,
         PFCCX, PAPIX)

     (6) PIMCO CCM Mid-Cap Fund (Sym: PFMAX, PFMBX, PFMCX,
         PGMIX)

     (7) PIMCO CommodityRealReturn Strategy Fund (Sym: PCRAX,
         PCRBX, PCRCX, PCRIX)

     (8) PIMCO Diversified Income Fund (Sym: PDVAX, PDVBX,
         PDICX, PDIIX)

     (9) PIMCO Emerging Markets Bond Fund (Sym: PAEMX, PBEMX,
         PEBCX, PEBIX)

    (10) PIMCO Foreign Bond Fund (Sym: PFOAX, PFOBX, PFOCX,
         PFORX)

    (11) PIMCO GNMA Fund (Sym: PAGNX, PGGNX, PCGNX, PDMIX)

    (12) PIMCO Global Bond II Fund (Sym: PAIIX, PBIIX, PCIIX,
         PGBIX)

    (13) PIMCO High Yield Fund (Sym: PHDAX, PHDBX, PHDCX, PHIYX)

    (14) PIMCO International StocksPlus TR Strategy Fund (Sym:
         PIPAX, PIPBX, PIPCX)

    (15) PIMCO Investment Grade Corporate Bond Fund (Sym: PIGIX)

    (16) PIMCO Long-Term U.S.Govt. Fund (Sym: PFGAX, PGGBX,
         PFGCX, PGOVX)

    (17) PIMCO Low Duration Fund (Sym: PTLAX, PTLBX, PTLCX,
         PLDTX)

    (18) PIMCO Low Duration II Fund (Sym: PLDTX)

    (19) PIMCO Low Duration III Fund (Sym: PLDIX)

    (20) PIMCO Moderate Duration Fund (Sym: PMDRX)

    (21) PIMCO Money Market Fund (Sym: PYAXX, PYCXX, PKCXX,
         PMIXX)

    (22) PIMCO Municipal Bond Fund (Sym: PMLAX, PNFBX, PMLCX,
         PFMIX)

    (23) PIMCO NACM Flex-Cap Fund (Sym: PNFAX, PNFBX, PNFCX)

    (24) PIMCO NACM Global Fund (Sym: NGBAX, NGBBX, NGBCX)

    (25) PIMCO NACM Growth Fund (Sym: NGWAX, NGWBX, NGWCX

    (26) PIMCO NACM International Fund (Sym: PILAX, PILBX,
         PILCX)

    (27) PIMCO NACM Pacific Rim Fund (Sym: PPRAX, PPRBX, PPRCX,
         NAPRX)

    (28) PIMCO NACM Value Fund (Sym: PVUAX, PVUBX, PVUCX)

    (29) PIMCO NFJ Dividend Value Fund (Sym: PNEAX, PNEBX,
         PNECX, NFJEX)

    (30) PIMCO NFJ Large-Cap Value Fund (Sym: PNBAX, PNBBX,
         PNBCX)

    (31) PIMCO NFJ Small-Cap Value Fund (Sym: PCVAX, PCVBX,
         PCVCX, PSVIX)

    (32) PIMCO NY Muni Bond Fund (Sym: PNYAX)

    (33) PIMCO PEA Growth Fund (Sym: PGWAX, PGFBX, PGWCX, PGFIX)

    (34) PIMCO PEA Growth and Income Fund (Sym: PGRAX, PGRBX,
         PGNCX, PMEIX)

    (35) PIMCO PEA Innovation Fund (Sym: PIVAX, PIVBX, PIVCX,
         PIFIX)

    (36) PIMCO PEA Opportunity Fund (Sym: POPAX, PQNBX, POPCX,
         POFIX)

    (37) PIMCO PEA Renaissance Fund (Sym: PQNAX, PGNBX, PQNCX,
         PRNIX)

    (38) PIMCO PEA Target Fund (Sym: PTAAX, PTABX, PTACX, PFTIX)

    (39) PIMCO PEA Value Fund (Sym: PDLAX, PDLBX, PDLCX, PDLIX)

    (40) PIMCO RCM Biotechnology Fund (Sym: RABTX, RBBTX, RCBTX)

    (41) PIMCO RCM Global Healthcare Fund (Sym: RAGHX, RBGHX,
         RCGHX)

    (42) PIMCO RCM Global Small-Cap Fund (Sym: RGSAX, RGSBX,
         RGSCX, DGSCX)

    (43) PIMCO RCM Global Technology Fund (Sym: RAGTX, RBGTX,
         RCGTX, DRGTX)

    (44) PIMCO RCM International Growth Equity Fund (Sym: RAIGX,
         RBIGX, RCIGX, DRIEX)

    (45) PIMCO RCM Large-Cap Growth Fund (Sym: RALGX, RBLGX,
         RCLGX, DRLCX)

    (46) PIMCO RCM Mid-Cap Fund (Sym: RMDAX, RMDBX, RMDCX,
         DRMCX)

    (47) PIMCO RCM Tax-Managed Growth Fund (Sym: PMWAX, PMWBX,
         PMWCX, DRTIX)

    (48) PIMCO Real Return Fund (Sym: PRTNX, PRRBX, PRTCX,
         PRRIX, PARRX, PRRRX)

    (49) PIMCO Real Return Fund (Sym: PRRIX)

    (50) PIMCO Real Return II Fund (Sym: PIRRX)

    (51) PIMCO Real Estate Real Return Strategy Fund (Sym:
         PETAX, PETBX, PETCX)

    (52) PIMCO Short Duration Municipal Income Fund (Sym: PSDAX,
         PSDCX, PSDIX)

    (53) PIMCO Short-Term Fund (Sym: PSHAX, PTSBX, PFTCX, PTSHX)

    (54) PIMCO Stocks PLUS Fund (Sym: PSPAX, PSPBX, PSPCX,
         PSTKX)

    (55) PIMCO Stocks PLUS Total Return Fund (Sym: PTOAX, PTOBX,
         PSOCX, PSPTX

    (56) PIMCO Total Return Fund (Sym: PTTAX, PTTBX, PTTCX,
         PTTRX)

    (57) PIMCO Total Return II Fund (Sym: PMBIX

    (58) PIMCO Total Return III Fund (Sym: PTSAX)

    (59) PIMCO Total Return Mortgage Fund (Sym: PMRAX, PMRBX,
         PMRCX, PTRIX)

The Complaint charges Allianz Dresdner Asset Management of
America L.P., PIMCO Advisors Distributors LLC, Pacific
Investment Management Company LLC, PEA Capital LLC, Pacific
Company LLC, Edward J. Stern, Canary Capital Partners, LLC,
Canary Investment Management, LLC and Canary Capital Partners,
Ltd. (collectively ``Canary'') with violations of the Securities
Act of 1933, the Securities Exchange Act of 1934, the Investment
Company Act of 1940, and with common law breach of fiduciary
duties.

Specifically, the Complaint alleges that during the Class Period
the defendants engaged in illegal and improper trading
practices, which caused financial injury to the shareholders of
the PIMCO Mutual Funds. According to the Complaint, the
Defendants surreptitiously permitted certain favored investors,
including Canary, to illegally engage in ``market timing'' of
the PIMCO Mutual Funds whereby these favored investors were
permitted to conduct short-term, ``in and out'' trading of
mutual fund shares, despite explicit restrictions on such
activity in the PIMCO Mutual Funds' prospectuses.

For more details, contact Carol V. Gilden, Esq. by Phone: (800)
470-6824 or by E-mail: investorhelp@muchshelist.com


ROYAL DUTCH: Vianale & Vianale Files Securities Fraud Suit in NJ
----------------------------------------------------------------
Vianale & Vianale LLP commenced a securities class action in
federal court for the District of New Jersey (Newark) on behalf
of purchasers of the securities of Royal Dutch Petroleum Company
(NYSE:RD) and the Shell Transport and Trading Company PLC
(NYSE:SC) between December 3, 1999 and January 9, 2004,
inclusive.

The complaint alleges violations of Section 10(b) and 20(a) of
the Securities Exchange Act, and names as defendants Royal
Dutch, Shell Transport, two affiliated companies and nine
individuals who served as executive officers of Royal Dutch
and/or Shell Transport.

The complaint alleges that defendants caused Royal Dutch and
Shell Transport to report in forms filed with the SEC,
materially false oil reserves and future discounted cash flows
for the companies.  Through this deception, defendants were able
to falsely inflate the companies' ADR price, maintain the
companies' credit rating, and maintain their status as leaders
in the petroleum industry.  The price of shares in both Royal
Dutch and Shell Transport dropped markedly when the truth about
this deception was revealed.

For more details, contact Kenneth J. Vianale, Esq. by Mail: 5355
Town Center Road, Suite 801, Boca Raton, Florida 33486 by Phone:
561-391-4900 or 888-657-9960 or by E-mail: info@vianalelaw.com


SONUS NETWORKS: Weiss & Yourman Lodges Securities Lawsuit in MA
---------------------------------------------------------------
Weiss & Yourman filed a securities class action against Sonus
Networks, Inc. (NASDAQ:SONS) and its officers was commenced in
the United States District Court for the District of
Massachusetts, on behalf of purchasers of Sonus securities
between June 3, 2003 and February 11, 2004.

The complaint charges the defendants with violations of the
Securities Exchange Act of 1934.  The complaint alleges that
defendants issued false and misleading statements which
artificially inflated the stock.

For more details, contact James E. Tullman, Mark D. Smilow 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


WINN-DIXIE STORES: Wolf Haldenstein Lodges Securities Suit in FL
----------------------------------------------------------------
Wolf Haldenstein Adler Freeman & Herz LLP initiated a securities
class action in the United States District Court for the Middle
District of Florida, on behalf of purchasers of the common stock
of Winn-Dixie Stores, Inc. (NYSE: WIN) between October 9, 2002
and January 29, 2004, inclusive against the Company and certain
officers and directors of the Company.  The case name and index
number are Malvan v. Winn-Dixie Stores, Inc., et al., 3:04-CV-
138-J-99HTS.

The complaint alleges that throughout the Class Period, Winn-
Dixie was suffering from substantial undisclosed long-term
business and financial problems. Nevertheless, then CEO Allen
Rowland continued to tell investors that Winn-Dixie was
capitalizing on its strategic marketing plan. Rowland also
touted the Company's success in announcements throughout the
Class Period declaring cash dividends to Winn-Dixie
shareholders. In June 2003, Rowland stepped down as CEO,
receiving a $7.7 million severance payment. Frank Lazaran, his
successor, ordered a comprehensive review of Winn-Dixie's
"entire business model." Even while this restructuring was
underway, Winn-Dixie and Lazaran repeatedly told the public that
the Company was successfully executing its sales and marketing
plan.

On January 30, 2004, Winn-Dixie stunned the public by announcing
a $79.5 million loss, or $0.57 per share, for its second fiscal
quarter ended January 7, 2004. Lazaran meekly told the public:
"[W]e recognize that we cannot continue down this path." Winn-
Dixie's stock plunged nearly 28% on volume of 24.6 million
shares; the company discontinued dividend payments indefinitely.

Winn-Dixie announced a "series of major actions," including a
plan for $100 million in expense reductions by July 1, 2004, in-
depth analysis of the Company's core markets and market share,
and an "image makeover program." Winn-Dixie also announced it
must recognize a $36.4 million charge to earnings for asset
impairment, and add $21.4 million to reserves for self-
insurance.

For more details, contact Fred Taylor Isquith, Gregory M.
Nespole, Christopher S. Hinton, George Peters or Derek Behnke by
Mail: 270 Madison Avenue, New York, New York 10016, by Phone:
(800) 575-0735 by E-mail: classmember@whafh.com or visit the
firm's Website: http://www.whafh.com. All e-mail correspondence
should make reference to Winn-Dixie.


                        *********

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.


                        *********


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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Copyright 2004.  All rights reserved.  ISSN 1525-2272.

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