CAR_Public/040415.mbx             C L A S S   A C T I O N   R E P O R T E R

             Thursday, April 15, 2004, Vol. 6, No. 74

                           Headlines

ALCIDE CORPORATION: Stockholders Launch WA Suit V. Ecolab Merger
AMERICAN EXPRESS: Class Given 20 Days to Move For Lead Plaintiff
APPLE COMPUTER: To Probe Reports of Static Defect on iPod Player
CANADA: Quebec Premier To Increase Indemnity For Hep C Victims
COLE NATIONAL: OH Court Grants Final Approval To Suit Settlement

DEEP VEIN THROMBOSIS: BA To Waive Its Legal Fees if Claims Fail
DOMAIN NAMES: Aussie Court Labels Domain Name Letters Misleading
DILLARD'S INC.: TN Hairstylists Lodge Racial Discrimination Suit
EAGLE PICHER: Reaches Settlement For CO Lawsuits Over Facility
EAGLE PICHER: Quapaw Tribe Launches Property Damages Suit in OK

FORD MOTOR: Recalls Escape 322T SUVs For Engine-Stalling Defect
FRANK QUATTRONE: Jury Selection Commences in Second Stock Trial
GLOBAL MONEY: CA Court Grants Injunction For Securities Fraud
GRAY SQUIRREL: Recalls Trail Mix Due To Undeclared Ingredients
HARLEY-DAVIDSON INC.: Customers File Suit Over Defective Bikes

LONGS DRUG: CA Employees File Suit For Overtime Laws Violations
MAGEE-WOMENS: Lawsuit Over Pap Smears To Proceed Despite Report
METRIS COMPANIES: MA Consumers File Unfair Trade Practices Suit
MUTUAL FUNDS: SEC Votes To Adopt Rules on Market Timing Trading
NEW JERSEY: Car Dealership To Settle Overcharging Lawsuit

NORTEL NETWORKS: May 17 Deadline Set For Lead Plaintiff Motions
NORTEL NETWORKS: Canada SEC Probes Financial Results Restatement
PENNSYLVANIA: Allegheny Hospital Faces 2 Negligence Suits in PA
SINGING MACHINE: Reaches Settlement For FL Securities Fraud Suit
SUNCOAST CAPITAL: NY Court Enters Final Judgment V. Ex-Trader

TENGASCO INC.: Settlement Fairness Hearing Set for April 2004
TENNESSEE: TVA, Electric Coop Face Lawsuit Over Electric Rates
THINGS REMEMBERED: CA Court Approves Overtime Lawsuit Settlement
WEGENER CORPORATION: Investors To Dismiss Derivative, Stock Suit

                  New Securities Fraud Cases    

CANADIAN SUPERIOR: William Coudert Rand Files Stock Suit in NY
D&K HEALTHCARE: Charles Piven Lodges Securities Suit in E.D. MO
EMCOR GROUP: Charles Piven Lodges Securities Fraud Lawsuit in CT
ITT EDUCATIONAL: Charles Piven Lodges Securities Lawsuit in IN
ITT EDUCATIONAL: Berger & Montague Lodges Securities Suit in DC

MCDONALD'S CORPORATION: Much Shelist Files Securities Suit in IL
MCDONALD'S CORPORATION: Charles Piven Lodges IL Securities Suit
NOVASTAR FINANCIAL: Milberg Weiss Lodges Securities Suit in MO
NOVASTAR FINANCIAL: Charles Piven Lodges Securities Suit in MO
TITAN CORPORATION: Charles Piven Lodges Securities Lawsuit in CA
WHITEHALL JEWELLERS: Spector Roseman Files Securities Suit in IL

                         *********

ALCIDE CORPORATION: Stockholders Launch WA Suit V. Ecolab Merger
----------------------------------------------------------------
Alcide Corporation faces a class action in the King County
Superior Court of the State of Washington over its plan of
merger with Ecolab, Inc., under which a wholly owned subsidiary
of Ecolab will merge with and into the Company, and the Company
will survive as a wholly owned subsidiary of Ecolab.

The suit alleges that the Company's Directors breached their
fiduciary duties in connection with their approval of the Ecolab
Merger Agreement and seeks to enjoin the transaction.  


AMERICAN EXPRESS: Class Given 20 Days to Move For Lead Plaintiff
----------------------------------------------------------------
American Express clients have twenty (20) days to move for lead
plaintiff in a securities fraud class action recently brought on
behalf of clients of American Express Financial Advisors, Inc.
(AEFA) who purchased mutual funds in the American Express family
of mutual funds, which are managed by the American Express
Company (NYSE:AXP) (AEC) between March 10, 1999 and February 9,
2004 seeking to pursue remedies under the Securities Exchange
Act of 1934, the Investment Advisers Act of 1940.

The complaint charges AEC, American Express Financial
Corporation (AEFC), and AEFA with violations of sections 10(b)
and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5
promulgated thereunder.  According to the Complaint, AEFA,
through its financial advisors, failed to disclose that their
recommendations were based not on their understanding of their
client's financial personal needs and stage in life, but rather,
solely or primarily on their incentives to increase assets under
AEFC's management.

Moreover, the defendants failed to disclose that they had
revenue sharing arrangements with 11 preferred funds and such
revenue sharing agreements clearly presented conflicts of
interest, pitting the financial interest of the AEFA advisors
against that of its clients.  Rather than disclose these
conflicts, defendants sought to conceal the truth in order to
generate greater fees for themselves.

For more details, contact Marc A. Topaz, Esq. or Stuart L.
Berman, Esq. of Schiffrin & Barroway, LLP 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.


APPLE COMPUTER: To Probe Reports of Static Defect on iPod Player
----------------------------------------------------------------
Apple Computer, Inc. is investigating reports that its popular
iPod mini music player is prone to static and other sound
distortions when playing back music, the Associated Press
reports.

According to reports at the iPodlounge.com and at the Company's
own discussion forums, the popular music players sometimes
generate the noise when users touch areas around the headphone
jack.  "Apple is aware of a few isolated reports online of iPod
mini audio static and is looking into it," Apple spokeswoman
Natalie Sequeira told AP.  She urged users with any problems to
contact the company's technical support.  The devices come with
a one-year warranty.

The iPod minis, which weigh less than most cell phones and are
slightly larger than a business card, have a tiny 4-gigabyte
hard drive and are available in a variety of colors. Apple also
continues to sell its regular iPods, which are physically larger
and have drives up to 40 gigabytes.


CANADA: Quebec Premier To Increase Indemnity For Hep C Victims
--------------------------------------------------------------
Quebec Premier Jean Charest will increase the amount of
indemnity in a compensation package offered to 850 people who
where infected with hepatitis C after receiving transfusions of
contaminated blood before 1986 and after 1990 earlier this year,
the Medical Post Online reports.

The government reached a settlement for the class action filed
on behalf of the victims last year, which the Quebec Superior
Court approved in January. However, Premier Charest decided to
increase the compensation, saying his province has a moral and
humanitarian responsibility to the victims.  The government's
decision to unilaterally sweeten the pot will cost taxpayers an
additional $13.4 million.

"This reflects the values of compassion of the Quebec society
for those people whose lives were literally turned upside down,"
the premier told reporters on March 24, when he announced the
indemnity increase to $24,500, from the previous $10,000.

In an interview, Quebec Health Minister Philippe Couillard told
the Medical Post the cheques will be issued "within the next two
or three months."

The hepatitis C victims' group welcomed the news.  The group is
continuing, however, with its class action suit against the
federal government, which has paid $1.2 billion in compensation
to people infected between 1986 and 1990, but nothing to victims
infected before or after those dates.


COLE NATIONAL: OH Court Grants Final Approval To Suit Settlement
----------------------------------------------------------------
The United States District Court for the Northern District of
Ohio granted final approval to the settlement proposed by Cole
National Corporation for a class action alleging claims for
various violations of federal securities laws related to the
Company's publicly reported revenues and earnings.

The action, which pleaded claims under Section 10(b) and 20(a)
of the Securities Exchange Act of 1934, and named the Company
and certain present and former officers and directors as
defendants, sought unspecified compensatory damages, punitive
damages "where appropriate", costs, expenses and attorneys' fee.

The Company and the plaintiffs reached an agreement to resolve
the lawsuit in May 2003.  A charge of $2,687,500 was recorded in
the first quarter of fiscal 2003 with respect to the Company's
portion of the settlement.


DEEP VEIN THROMBOSIS: BA To Waive Its Legal Fees if Claims Fail
---------------------------------------------------------------
British Airways offered to waive its legal fees if the victims
of deep vein thrombosis (DVT) fail in their cases for damages
being pursued against the airline, The Scotsman reports.

Deep vein thrombosis is the formation of a blood clot in one of
the deep veins of the body, usually in the leg. It is
comparatively rare, affecting around one or two people in every
thousand, mainly older people.

Several families in the United Kingdom have filed personal
injury suits against several airlines over the condition, also
called economy class syndrome as it affects passengers who are
seated for a long time during a flight, an earlier Class Action
Reporter story (July 15,2003) stated.  The suits allege a breach
of duty of care because the airlines did not warn consumers
enough about the dangers of DVT.  

The group suffered a setback in July last year when they lost a
Court of Appeal bid to overturn a legal ruling blocking their
claims for compensation.  Lawyers for the group have now
petitioned the House of Lords for permission to carry on action
against some of the world's biggest carriers.

Ruth Christoffersen, whose daughter, Emma, 28, died of DVT after
a flight from Australia, welcomed BA's gesture but remained
cautious.  "I am glad they are doing it because we can go ahead,
close one chapter in this terrible tragedy. But we have been
down this road a few times only to have our hopes built up and
then dashed," he told the Scotsman.


DOMAIN NAMES: Aussie Court Labels Domain Name Letters Misleading
----------------------------------------------------------------
An Australian federal court ruled that letters issued by Domain
Names Australia, dressed up to look like invoices for the
registration of internet domain names, were "misleading and
deceptive," The West Australian reports.

Australian domain name administrator, AuDA, filed the suit
against the Company and its director Chesley Rafferty.  Reports,
revealed this week, detail how the NZ Commerce Commission
intercepted and returned more than $500,000 in cheque and credit
card payments that were being directed to a Swiss bank account
and how lawyers acting for Nominet, the British domain name
administrator, had raided three Perth addresses to seize
documents and computer records.

Nominet is seeking similar orders under the Trade Practices Act
in the Federal Court in Perth as well as damages for alleged
breach of the Copyright Act following a mail-out to British
website registrants.  The writs name Mr Rafferty, Mr Norrish and
three companies, including UK Internet Registry which Mr
Rafferty admitted yesterday was registered in the Seychelles,
The West Australian reports.

The court has issued injunctions under the Trade Practices Act
forbidding Domain Names Australia and Mr. Rafferty from
committing further breaches.  AuDA told the West Australian
yesterday that it would pursue a class action against the Perth-
based company and Mr. Rafferty for refunds to thousands of
people who had been misled or deceived by the notices.

AuDA's Chief Executive, Chris Disspain told the West Australian,
"AuDA is delighted that we have won this battle but there is
still more to do."


DILLARD'S INC.: TN Hairstylists Lodge Racial Discrimination Suit
----------------------------------------------------------------
Dillard's, Inc. faces a class action filed in the United States
District Court in Tennessee, alleging the hair salon chain
engages in "systemic racial discrimination" in the way it
assigns responsibilities to its salon's black employees, the
Tennesseean reports.

Three African-American hairstylists filed the suit, which
alleges that African-American stylists are subjected to illegal
second-class status at the department store's salons, where the
matter of who washes the hair, who brings in the clientele and
who sells the conditioner translates into tips, wages and
promotions.

According to the Tennesseean, the suit alleges that:

     (1) White stylists were given preferential treatment in the
         assignment of customers, and white stylists were
         allowed to decline to perform work on "African-American
         clients or ethnic hair."  African-American stylists
         weren't allowed such an option;

     (2) African-American stylists were told they would have to
         supply their own hair-care products at their own
         expense, while white stylists had theirs supplied by
         Dillard's.  Sometimes the black stylists were told to
         pour their ethnic products into Dillard's bottles;

     (3) The salon refused to purchase specialized equipment,
         such as straightening combs that are needed to fashion
         ethnic hairstyles, whereas white stylists had all their
         equipment supplied by the salon;

     (4) African-American stylists, if they weren't busy, would
         be assigned to shampoo a customer's hair for another
         stylist.  "By comparison," the suit says, "white
         stylists who were not working on a customer simply sat
         or were not required to assist as frequently as
         African-Americans;"

     (5) The salon's practices impaired the plaintiffs' ability
         to earn a living compared with their white               
         counterparts.

Plaintiffs Felicia Dotson, Jantail Crutcher Barbee and Michael
Jackson are asking the Company to change its salons' employment
policies and create a task force to oversee special equality and
fairness programs.  The plaintiffs also are requesting, among
other claims, unspecified compensatory damages and lost wages.

A manager at Dillard's RiverGate Mall Salon and Day Spa in
Goodlettsville, where the plaintiffs once worked, would not
comment, referring questions to Dillard's Little Rock, Arkansas,
headquarters, the Tennessean reports.

"Dillard's does not have and never has had a policy, practice or
tolerance of targeting any particular ethnic group," Dillard's
spokesman Skip Rutherford told the Tennesseean.


EAGLE PICHER: Reaches Settlement For CO Lawsuits Over Facility
--------------------------------------------------------------
Eagle Picher Holdings, Inc. reached a settlement for the
lawsuits filed in the in the United States District Court in
Colorado, relating to its facility in Colorado Springs,
Colorado.  

The first suit is a class action filed on behalf of
approximately 3,000 homeowners.  The suit also names a company
with a facility adjacent to its facility.  The suit seeks
property damages, testing and remediation costs and punitive
damages arising out of chlorinated solvents and nitrates in the
groundwater alleged to arise out of activities at the Company's
facility and the adjacent facility. There has been no decision
whether to certify a class.  

In September 2002, as amended in May 2003, a trust purportedly
the assignee of approximately 200 property owners filed another
suit against the Company and the same co-defendant in Colorado
state court, which was subsequently removed to the United States
District Court in Colorado.  This lawsuit seeks unspecified
damages to provide for remediation of the groundwater
contamination as well as unspecified punitive damages.  

The owner of the adjacent facility, which is upgradient from the
Coimpany facility, is operating a remediation system aimed at
chlorinated solvents in the groundwater originating from its
facility under a compliance order on consent with the Colorado
Department of Public Health and Environment (CDPHE).  The
Company is operating a remediation system for nitrates in the
groundwater originating from its facility, also under a
compliance order on consent with CDPHE, the Company stated in a
disclosure to the Securities and Exchange Commission.  

The Company does not believe that nitrates in groundwater
materially affect any of the properties related to the
plaintiffs in these lawsuits.  Neither the United States
Environmental Protection Agency nor the CDPHE has ever required
the Company to undertake a cleanup for chlorinated solvents, the
Company asserted.

In November 2003, the Company settled the purported class action
lawsuit for $0.3 million, conditioned on the court's
certification of the purported class.  In November 2003, the
Company also settled the lawsuit brought by the trust, and
claims of certain other individuals, for $0.3 million,
conditioned on at least 90% of the 440 individuals covered by
the settlement executing releases.  In the first quarter of
2004, more than 90% of the individuals signed releases and this
portion of the settlement was finalized.  Certification of the
class action is still pending.


EAGLE PICHER: Quapaw Tribe Launches Property Damages Suit in OK
---------------------------------------------------------------
Eagle Picher Holdings, Inc. faces a purported class action filed
on behalf of approximately 600 members of the Quapaw Tribe of
Oklahoma owning or possessing lands within the Quapaw
Reservation was filed in the United States District Court for
the Northern District of Oklahoma.  The suit also names as
defendants six other corporations.  The lawsuit alleges
liability for property damage resulting from historical mining
activities prior to 1959.

The Company said in a disclosure to the Securities and Exchange
Commission that it believes believe that any possible liability
to members of the Quapaw Tribe was discharged in connection with
its bankruptcy reorganization in 1996.  The Company intends to
contest this lawsuit vigorously and does not believe that the
resolution of this suit will have a material adverse effect on
its financial condition, results of operations, or cash flows.


FORD MOTOR: Recalls Escape 322T SUVs For Engine-Stalling Defect
---------------------------------------------------------------
Ford Motor Co. is instituting a recall of about 322,000 of its
compact Escape sport utility vehicles (SUVs), due to an
intermittent engine-stalling problem, Reuters reports.

The automobile maker intends to fix the 2001, 2002 and early
2003 model year SUVs, equipped with 3.0 liter V-6 engines.  The
Company told Reuters that the stalling problem tends to occur
during vehicle deceleration at speeds below 40 miles per hour.  

The Company said it received reports of eight alleged minor
accidents stemming from the problem, three of which included
allegations of minor injuries.  Despite the reports, Ford said
engine stall on the Escapes posed "no unreasonable risk of
accident or injury," Reuters states.


FRANK QUATTRONE: Jury Selection Commences in Second Stock Trial
---------------------------------------------------------------
Jury selection has commenced in the re-trial of former
investment banker Frank Quattrone, on charges he obstructed the
government's probe into how his investment firm and employer
Credit Suisse First Boston allocated hot initial public
offerings, the Associated Press reports.

The government investigated CSFB's allocation practices in 2000.  
The probe closed with no criminal charges filed, and the bank
later paid $100 million to settle related civil charges.  

Mr. Quattrone was later charged with obstruction of justice,
because he allegedly acted with criminal intent on December 5,
2000, when he endorsed a colleague's e-mail that urged employees
to "catch up on file cleaning" by destroying some files.  Mr.
Quattrone has asserted that he was simply following CSFB policy,
which required routine destruction of some outdated documents.  
The trial ended in a mistrial last October, with jurors
deadlocked - but a majority leaning toward conviction - on
charges of obstruction of justice and witness tampering.

As the retrial neared, it remained unclear whether Mr. Quattrone
would take the witness stand again in his own defense, AP
reports.  Some jurors said after the first trial that Mr.
Quattrone hurt his own case by appearing combative on the stand
and appearing to contradict his lawyer's assertion that he had
no involvement in how CSFB doled out stock shares.  Mr.
Quattrone testified that while he had some involvement in stock-
allocation discussions, he never made any final decisions on who
received shares.

Legal experts said they did not expect Mr. Quattrone's lawyer
John W. Keker to change his trial strategy simply because some
jurors had said Mr. Quattrone had damaged himself on the stand.  
"Although you want to know what the jurors were thinking in
their deliberations, you take it with a grain of salt because
every jury is different," Michael Proctor, a California defense
lawyer with extensive white-collar experience, told AP.


GLOBAL MONEY: CA Court Grants Injunction For Securities Fraud
-------------------------------------------------------------
The Honorable Barry T. Moskowitz, U.S. District Judge for the
Southern District of California, granted the Securities and
Exchange Commission's motion for a preliminary injunction in its
emergency action to halt an ongoing multi-million dollar
securities fraud.    

The Commission filed its complaint on March 11, naming San
Diego-based Global Money Management, L.P., (GMM) an unregistered
private hedge fund, LF Global Investments, LLC (LF Global),
which operated GMM, and Marvin I. Friedman, 65, of La Jolla,
California, who controlled both entities.  The Commission's
complaint alleges that the defendants grossly overstated the
assets of GMM to investors.

In addition to issuing a preliminary injunction against GMM, LF
Global, and Mr. Friedman, the court issued orders freezing the
assets of the defendants, prohibiting the destruction of
documents, and ordering an accounting from Mr. Friedman.  The
court also appointed Charles LaBella as the permanent receiver
over GMM and LF Global.  Investors may obtain information about
the receivership by visiting the Website:
http://www.gmmreceiver.comor by Phone: 619-696-9200.

The Commission's complaint alleges that since 1993, the
defendants have sold, in an unregistered offering, limited
partnership interests in GMM, a purported private hedge fund
that invested in securities, such as stock and stock options.  
While the amount of money actually raised is not known, Mr.
Friedman has told investors at various times over the last
several months that the hedge fund held assets ranging from $60
million to over $100 million.  GMM's brokerage records, however,
show that, since at least December 2002, the securities it holds
have been worth no more than $11 million.  In addition, Mr.
Friedman touted his investment experience but failed to inform
investors about his disciplinary history, including that he has
been barred from association with any member of the NASD.

The Commission's complaint alleges that GMM, LF Global, and Mr.
Friedman violated the antifraud provisions of the federal
securities laws, 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, as to LF Global, Sections 206(1) and
206(2) of the Investment Advisers Act of 1940, and, as to Mr.
Friedman, that he aided and abetted those violations of the
Advisers Act.  In addition to the emergency relief described
above, the Commission seeks, from each defendant, permanent
injunctions, disgorgement with prejudgment interest, and a civil
penalty.   

The suit is styled "SEC v. Global Money Management, L.P., LF
Global Investments, LLC, and Marvin I. Friedman, Civil Action
No. 04 CV 00521 BTM (WMC)."
     

GRAY SQUIRREL: Recalls Trail Mix Due To Undeclared Ingredients
--------------------------------------------------------------
Gray Squirrel Nut Company of St. Ignatius, Montana is recalling
the 16-ounce packages of Autumn Trails Delite trail mix because
it contains undeclared peanuts, milk products, and Yellows #5
and #6.  People who have an allergy or severe sensitivity to
peanuts and milk products run the risk of serious or life-
threatening allergic reaction if they consume these products.

The 16-ounce packages of Autumn Trails Delite were distributed
to retail stores throughout Montana, southeast Idaho, northern
Idaho, and western Wyoming.  Autumn Trails Delite is packaged in
clear plastic bags labeled as Gray Squirrel Nut Co., Autumn
Trails Delite, 16 oz.  There are no manufacturing or expiration
codes associated with this product.  The UPC is 1629451000.

No illnesses or injuries have been reported to date in
association to this product.  The recall was initiated after it
was discovered that product containing peanuts, milk products,
and Yellows #5 and #6 was distributed in packaging that did not
declare the presence of peanuts, milk products, and Yellows #5
and #6.  Subsequent investigation indicates the problem was
caused by a temporary breakdown in the company's production and
packaging oversight.

Consumers who have purchased 16-ounce packages of Autumn Trails
Delite should be returned to the retail outlet where it was
purchased for a full refund.  For more details, contact the
company by Phone: (406) 745-2595.


HARLEY-DAVIDSON INC.: Customers File Suit Over Defective Bikes
--------------------------------------------------------------
Harley-Davidson, Inc. faces a class action filed in Milwaukee
County Circuit Court, alleging that the Company fraudulently
induced customers to buy or lease defective bikes, the Gazette
Extra Sports reports.

In early 2001, the Company sent letters to customers that the
rear cam in a small number of motorcycles had failed.  The
company extended its warranty for the part and separately
developed a $495 kit for dealers and service departments to
repair the original cams.

The Wisconsin Supreme Court last month dismissed an earlier
claim, alleging the Company knew or should have known motorcycle
cams made in 1999 and early 2000 were defective.  The court
ruled 5-1 that the claim was too uncertain and speculative to
sue for damages.

The new lawsuit filed by attorney Ted. M. Warshafsky Monday in
Milwaukee County Circuit Court alleges the company failed to
disclose the defect and fraudulently sold or leased the
motorcycles.  They also claim Harley-Davidson breached its
warranties and profited from selling the defective motorcycles.


LONGS DRUG: CA Employees File Suit For Overtime Laws Violations
---------------------------------------------------------------
Longs Drug Stores Corporation faces two putative class actions
filed on behalf of its current or former store managers or
assistant managers in its California stores.  The suits are
styled:

     (1) Darien Goddard, et al v. Longs Drug Stores Corporation,
         et al., filed in the Superior Court of California,
         Alameda County; and

     (2) David Robotnick v. Longs Drug Stores California, Inc.,
         filed in the Superior Court of California, Los Angeles
         County

The lawsuits allege that the Company improperly classified such
employees as exempt under California's wage and hour and unfair
business practice laws and seek damages, penalties under
California's wage and hour laws, restitution, reclassification
and attorneys' fees and costs.


MAGEE-WOMENS: Lawsuit Over Pap Smears To Proceed Despite Report
---------------------------------------------------------------
The class action against the Magee-Womens Hospital in
Pennsylvania will proceed, despite a favorable report stating
that there were only limited problems at the hospital's
laboratory, the Pittsburgh Post-Gazette reports.

The class action filed in Pennsylvania federal court claims the
hospital wrongfully certified thousands of Pap smears with
doctors' signatures when they were never reviewed by physicians.  
The plaintiffs include Dr. Susan Silver, whose contract as a
pathologist was not renewed at UPMC's Magee-Womens Hospital. Ms.
Silver alleges the hospital believed it could get more
gynecologists to send samples for testing at Magee - and in
turn, generate more revenue - if it said samples were checked by
physicians rather than technicians, an earlier Class Action
Reporter story (December 30,2003) reports.
  
The federal Centers of Medicare and Medicaid Services did a
report on the pap smear examinations.  A team from the American
Society for Cytotechnology reviewed more than 1,400 gynecologic
slides processed at Magee from 1999 to 2003.  The team found
problems, including one case in which a woman's high-grade
lesions were diagnosed as "benign cellular changes/inflammatory
changes."  Also, of 178 slides randomly selected for closer
inspection, the team said seven could not be found immediately,
and a supervisor "failed to verify the accuracy of four
gynecologic reports," the Post-Gazette states.

Attorney Joseph Podraza Jr. of Philadelphia told the Post-
Gazette that the report does not address the key issue of the
suit -- that the hospital missed high-grade cervical cancers in
women who had faithfully undergone annual Pap smear
examinations.  Those missed diagnoses "should not be happening,"
he said.

Magee spokeswoman Diane Lewis told the Post-Gazette some of the
cases were temporarily missing because they were being reviewed
by another physician.  In another instance, the case number was
not properly transcribed.  Overall, though, she characterized
their performance as "remarkable."

"When the examiners from CMS were in, they told our chief of
pathology, Dr. David Dabbs, that our laboratory results were
exemplary," she said, adding that the surveyors agreed with the
hospital's readings in more than 99 percent of the reviewed
slides.

A Centers of Medicare and Medicaid Services spokeswoman, who
would not speak for attribution, declined to characterize the
problems they found as either minor or serious.  "There were
deficiencies found, but if those deficiencies are corrected, the
issue will be closed" without sanctions against the hospital,
she told the Post-Gazette.


METRIS COMPANIES: MA Consumers File Unfair Trade Practices Suit
---------------------------------------------------------------
Metris Companies, Inc. and Direct Merchants Bank face a class
action filed in Middlesex County Superior Court in Cambridge,
Massachusetts.  The complaint purports to be a class action
complaint covering the period January 1, 2000 through December
31, 2004 (sic) and alleges, among other things, that defendants
employed overly aggressive, sharp and often unlawful business
practices, inappropriately assessed late fees and other charges
against cardholders, and violated Massachusetts' restrictions on
maximum interest charges.  

The complaint seeks declaratory relief, rescission and damages,
and alleges:

     (1) civil conspiracy,

     (2) breach of fiduciary duty,

     (3) breach of contract,

     (4) breach of covenant of good faith and fair dealing,

     (5) negligence,

     (6) unfair trade practices and

     (7) violations of the federal Truth-in-Lending Act and
         Regulation Z

The complaint has not been certified as a class action, and the
Company believes it has numerous substantive legal defenses to
all claims, it stated in a disclosure to the Securities and
Exchange Commission.


MUTUAL FUNDS: SEC Votes To Adopt Rules on Market Timing Trading
---------------------------------------------------------------
The Securities and Exchange Commission voted to formally adopt
rules requiring mutual fund companies to disclose clearly to
shareholders their policies and procedures for market timing,
the Associated Press reports.

Market timing, a practice that touched off the mutual funds
scandal early this year, exploits short-term movements in stock
prices with quick "in and out" trading of shares.  It is not
illegal but violates the rules of most fund companies because it
skims profits from long-term shareholders.

The failure of many funds to inform investors of their market-
timing procedures, sometimes in violations of the funds' own
disclosure policies, "is central to the recent mutual fund
abuses," SEC Commissioner Paul Atkins told AP before the vote.

Several mutual fund firms are working on settlements with the
Commission over market timing charges.  Last week, Putnam
Investments agreed to pay $110 million to settle allegations by
the SEC and Massachusetts regulators of improper trading.  In
its settlement with the state, Putnam formally acknowledged for
the first time that it had tolerated market timing by some
managers and big-money fund participants.

MFS Investment Management agreed to relinquish $350 million in
penalties and fee reductions to resolve federal and state
allegations, and Alliance Capital Management, which agreed to
relinquish $600 million in penalties and fee reductions.

A SEC probe revealed that nearly 70 percent of the firms
canvassed reported being aware of market-timing by their
customers, while documents provided by some 30 percent of the
firms "indicated that they may have assisted market timers in
some way," SEC Chairman William Donaldson has said, AP reports.

The five-member Securities and Exchange Commission voted to
formally adopt rules requiring fund companies to disclose their
market-timing policies in sales material and other documents
provided to shareholders. The rules, which the SEC proposed and
opened to public comment last December, will take effect
December 5.

Mr. Donaldson told a Senate panel Thursday that the SEC is
leaning toward abandoning a plan designed to curb after-hours
trading in mutual fund shares amid concern it could hurt
investors in 401(k) and other retirement plans.  However, the
SEC chairman, besieged by Republican senators, fiercely defended
another agency proposal requiring fund company boards to have
independent chairmen and a heavy preponderance of independent
directors, AP reports.


NEW JERSEY: Car Dealership To Settle Overcharging Lawsuit
---------------------------------------------------------
New Jersey car dealership owner Thomas J. Hessert, Jr. agreed to
pay customers approximately US$359,600, including legal fees to
settle a lawsuit alleging the dealership charged registration
and title fees in excess of those required by the New Jersey
Motor Vehicle Commission, the Courier Post Online reports.

Marlton oral surgeon Melvyn A. Blake filed the suit against
three of Mr. Hessert's South Jersey dealerships, including the
Company, claiming he was overcharged $23.50 when he leased a
Saab from Cherry Hill Classic Cars.  Mr. Hessert also owns
Classic Chevrolet and Classic Nissan in Mount Holly, New Jersey.

Mr. Hessert, owner of Classic Cars in Cherry Hill and Classic
Chevrolet and Classic Nissan in Mount Holly, said the
overcharges were accidents, but he agreed to settle to "get on
with my life."  Results of an audit revealed that TJH Automotive
Inc., the holding company for Hessert's three firms, overcharged
about 40 percent of 10,600 customers an average of $6.50.  

"The litigation is garbage, but the more I fight, the more it
costs in legal fees. I just wind up torturing myself," Mr.
Hessert told the Courier Post.  "I have too much invested in
this business to scam people over public rates. I don't want to
sell a person one car. I want to sell him 10. Car dealers are
targets for an aggressive law firm and I happen to be the first
victim."

Under the settlement, all those who bought or leased cars from
Cherry Hill Classic and Classic Chevrolet between February 5,
2001 to the present, and from Cherry Hill Nissan from July
25,1996, to the present, and who were overcharged, will
automatically receive a check in the mail for the amount owed.  
The named plaintiffs will collect $5,000 from the proposed
settlement. Customers will recover $267,000 and lawyers will
collect $87,600.

Superior Court Judge Michael J. Kassel is scheduled to finalize
the settlement agreement May 7 in Camden.


NORTEL NETWORKS: May 17 Deadline Set For Lead Plaintiff Motions
---------------------------------------------------------------
Investors who purchased the securities of Nortel Networks, Inc.
during the period April 24,2003 and March 10, 2004 have until
Monday, May 17,2004 to seek appointment as one of the lead
plaintiffs in the securities class action filed against the
Company and three of the Company's senior officers, on their
behalf.

As alleged in the Complaint, defendants issued false and
misleading financial reports and statements.  Throughout the
Class Period, the Company's earnings were artificially inflated
through accounting manipulation in violation of Generally
Accepted Accounting Principles (GAAP).

On March 10, 2004, Nortel announced that it might have to
restate results for 2003 and earlier, results which the Company
had restated only months earlier.  The Company also announced
its need to delay filing of its 2003 annual report.  Upon
Nortel's announcements, the price of its common stock fell over
7%.

Thereafter, Nortel announced on March 15, 2004, the suspension
of defendants Douglas Beatty and Michael Gollogly.  Following
this announcement, the price of the shares of the Company's
stock fell 18.5%. The Securities and Exchange Commission (SEC)
has reportedly undertaken a formal investigation of the
Company's accounting practices.

For more details, contact Andrew G. Tolan, Esq. of Pomerantz,
Haudek, Block, Grossman & Bross by Phone: (888) 476-6529,
(888) 4-POMLAW or by E-mail: agtolan@pomlaw.com


NORTEL NETWORKS: Canada SEC Probes Financial Results Restatement
----------------------------------------------------------------
The Ontario Securities Commission is conducting an investigation
into Nortel Networks Corporation's previous restatement of its
financial results and its announcement in March that further
restatements might be necessary, the Triangle Business Journal
reports.

In November, the Company restated its financials from the start
of 2000 through June 2003, saying its net loss over that period
was actually $505 million lower than previously reported.  In
March, the Company placed its chief financial officer and
controller on paid leaves of absence until the audit committee
completes its review of the company's finances.  The company
said revenue for the period was $122 million lower.  The total
loss accumulated for that period was still almost $34 billion.

Several class actions have been filed against the Company.  In
April, the United States Securities and Exchange Commission
issued a formal order of investigation over the restatements.

The Company said it has been fully cooperating with the OSC and
will continue to do so.  The Nortel Networks Audit Committee
also has undertaken an independent review of the matter, the
Triangle Business Journal reports.


PENNSYLVANIA: Allegheny Hospital Faces 2 Negligence Suits in PA
---------------------------------------------------------------
The Allegheny General Hospital in Pennsylvania faces two
lawsuits filed in the Court of Common Pleas in Allegheny,
charging the hospital with negligence in relation to a deadly
bacterial outbreak at the hospital in 2002, The Pittsburgh
Tribune-Review reports.

Two groups of patients and their families filed the suit,
alleging that the hospital failed failed to protect their
patients when they were exposed to deadly germs that were lodged
in lung instruments known as bronchoscopes.  The suits name 10
patients who had been hospitalized at AGH in 2002 and underwent
lung tests with allegedly tainted instruments.  Five of the
patients died, according to the suits.  The suits also name as
defendants:

     (1) Steris Corporation, of Ohio, which makes sterilization
         machines, and

     (2) Olympus America Inc., of New York, which makes
         bronchoscopes and other equipment

The hospital and Steris, whose Steris System 1 machines were
used to clean the AGH bronchoscopes, have blamed each other for
spreading a deadly Pseudomonas germ that lodged in the scopes.  
An investigation by the U.S. Food and Drug Administration last
year concluded the cause of the outbreak could not be
determined.

"Our purpose is to find out why this happened, who bears
responsibility and to award compensation to people who have
suffered injuries, and in some cases death, as a result of this
infectious disease," Alan H. Perer, an attorney with the
Downtown firm Swensen Perer & Kontos, who is representing
patients and their families along with attorney Harry S. Cohen,
told the Tribune-Review.  "Frankly, we are somewhat surprised
that there never was a resolution to this because we do not how
you will prevent these things from happening in the future."

AGH officials told the Tribune-Review it was inappropriate to
comment on the lawsuits, but emphasized the outbreak was
thoroughly investigated, and officials willingly publicized it
after two waves of the Pseudomonas outbreak, in June and
September 2002, raised suspicions.

"We want to reinforce that we proactively announced the
situation surrounding the bronchoscopes when it occurred,
instituted testing for patients who may have had exposure and
clearly changed our protocols on those bronchoscopes," AGH
spokesman Tom Chakurda said.

Mr. Perer said he filed two separate lawsuits because some of
the patients who became infected were already sick and,
therefore, affected to a lesser degree by the infection.  Those
people, who include Harper and the estate of Raymond E. Eich, of
Brighton Heights, will likely have lower damages than others, he
added.  He wants to certify their lawsuit as a class action
suit.  If the suit is certified, any of the nearly 600 AGH
patients who received a letter from the hospital saying they may
have been exposed to Pseudomonas could become plaintiffs.

The other suit is filed on behalf of eight patients or their
estates, The Tribune-Review states.  The eight patients are:

     (1) Betty J. Stiles, 71, of Nicktown, Cambria County, who
         was admitted to the hospital July 18, 2002, and
         developed pneumonia;

     (2) James H. Dibert, 62, of West Carroll, Cambria County,
         who was admitted to the hospital August 6, 2002, and
         died December 9;

     (3) Bertha L. Hinkle, 57, of Brackenridge, who was admitted
         to AGH June 19 and June 30, 2002, developed pneumonia
         and died January 2, 2003;

     (4) Edna Pawlo, 88, of Carnegie, who was admitted to AGH
         July 27, 2002, developed pneumonia and died September
         10, 2002;

     (5) William McHenry, 54, of Pittsburgh, who was admitted
         July 30, 2002, and developed pneumonia;

     (6) Donna J. Nolph, 70, of Summerville, Jefferson County,
         who was admitted to the hospital sometime in August
         2002 and developed pneumonia and other complications;

     (7) William Henderson, 38, of Pittsburgh, who underwent
         multiple bronchoscopies at AGH and died October 3,
         2002; and

     (8) Howard F. Peters, 74, of Bethel Park, who was admitted
         to AGH September 8, 2002 and died October 26.


SINGING MACHINE: Reaches Settlement For FL Securities Fraud Suit
----------------------------------------------------------------
The Singing Machine Company (AMEX:SMD) announced a settlement of
the class action and derivative lawsuits filed against the
company in 2003.  The settlement is subject to documentation and
final approval by the United States District Court for the
Southern District of Florida.

The suit was filed on behalf of persons who purchased or
otherwise acquired the securities of The Singing Machine
Company, Inc. (AMEX:SMD) between August 9, 2001 and June 27,
2003, inclusive.  The lawsuit has been filed against the Company
and certain of its officers.

The complaint alleges that throughout the class period, the
Company issued a series of material misrepresentations to the
market that overstated the Company's financial performance
following its emergence from bankruptcy in 1998.  The complaint
alleges that the financial statements issued by the Company
during the Class Period, were materially false and misleading
because in the statements the Company overstated its net income.
Terms include the issuance of up to 400,000 shares of common
stock and a cash payment totaling $1,275,000, which includes
$800,000 to be paid by the Company and $475,000 to be paid by
the company's former auditor.  The Company expects that its
portion of the cash payment will be covered by its liability
insurance.

In addition, the settlement obligates the Company to implement
certain corporate governance changes, including an expansion of
its Board of Directors to six members with independent directors
comprising at least 2/3 of the total Board seats, and may also
involve other non-cash consideration.

The court is set to hear a motion for preliminary approval of
the settlement later this month.  If granted, as the Company
expects, the Court will direct that notices be given to
shareholders of the Company who are members of the class action
lawsuit about their rights to participate in the settlement or
to opt out.

Y.P. Chan, Interim CEO, said in a statement, "We are pleased to
have entered into a settlement agreement in this matter. All of
our efforts and resources now are focused exclusively on
building our business."

Separately, the Company announced the resignation of John Dahl,
senior vice president of finance.  Mr. Dahl had joined the
company in November 2003.

For more details, contact Y.P. Chan by Phone: 954-596-1000 or by
visiting the firm's Website: http://www.SingingMachine.com.


SUNCOAST CAPITAL: NY Court Enters Final Judgment V. Ex-Trader
-------------------------------------------------------------
The U.S. District Court for the Southern District of New York
entered a final judgment against Deborah J. Breckenridge, a
former registered representative with Suncoast Capital Group,
Ltd.  

The Commission had charged Ms. Breckenridge with defrauding New
York Life Insurance Company, Inc. by giving commission
kickbacks, gifts, and gratuities to a former New York Life
employee.  In exchange, the former New York Life employee
directed securities trades on behalf of New York Life to
Breckenridge, at prices that favored Suncoast Capital to the
detriment of New York Life.

Ms. Breckenridge consented to the final judgment without
admitting or denying the allegations in the Commission's
complaint.   The judgment permanently restrains and enjoins Ms.
Breckenridge from violating or aiding and abetting violations of
antifraud provisions of the federal securities laws, Section
17(a) of the Securities Act of 1933 and Section 10(b) of the
Securities Exchange Act of 1934 and Rule 10b-5 thereunder.

The judgment orders Ms. Breckenridge to pay $236,562 in
disgorgement and prejudgment interest and deems that $190,000 is
satisfied by Ms. Breckenridge's payment of that amount to New
York Life.  The remainder of Breckenridge's disgorgement
obligation shall be deemed satisfied upon payment of restitution
in the amount of $136,394 to New York Life, as ordered against
Breckenridge in a parallel criminal case, "U.S. v. Deborah
Breckenridge, 01 Cr. 248 (JGK)."

Previously, Ms. Breckenridge had pleaded guilty to criminal
charges of securities fraud arising from the same scheme.  In
the criminal proceeding, in addition to the restitution order,
Ms. Breckenridge was sentenced to eighteen months in prison.
     
The Securities and Exchange Commission also instituted and
settled administrative proceedings against Ms. Breckenridge.  
She consented to an order, based on the entry of final judgment
against her in the Commission's civil enforcement action and on
her prior criminal conviction, barring her from association with
any broker or dealer.
     
With this settlement, the Commission has concluded this action
against four of the five original defendants, each of whom also
was criminally convicted for the underlying conduct.  The action
with regard to the remaining defendant is being litigated.  

The suit is styled "SEC v. Anthony Dong-Yin Shen, Srinivas
Anumolu, Ronald W. Pinto, Deborah J. Breckenridge, and Dominick
J. Savino, 01 Civ. 2438 (GBD)."
     

TENGASCO INC.: Settlement Fairness Hearing Set for April 2004
-------------------------------------------------------------
Fairness hearing for the settlement of the class action filed
against Tengasco, Inc. and M. E. Ratliff is set for April 29,
2004 in the United States District Court for the Eastern
District of Knoxville, Tennessee.

The suit, styled "PAUL MILLER, individually and on behalf of all
others similarly situated v. M. E. Ratliff and Tengasco, Inc.,
Civ. Action No. 3-02-CV-644," was filed on behalf of all persons
or entities who purchased the common stock of Tengasco, Inc. in
the open market from August 1,2001 to April 22, 2002, inclusive.

The hearing will be held before the Honorable Thomas A. Varlan
at the United States Courthouse, 800 Market Street, Knoxville,
TN 37902, at 2 p.m., on April 29, 2004 to determine whether the
above captioned action should be certified as a class action,
whether a proposed settlement of 129,870 shares of Tengasco
common stock and 100,000 shares of Miller Petroleum, Inc.
("Miller") common stock from defendant Ratliff, and 300,000
three-year warrants to purchase restricted Tengasco stock at $1
per share, 150,000 shares of Miller common stock and $37,500
cash from defendant Tengasco, should be approved by the Court as
fair, reasonable and adequate, and to consider the application
of Plaintiff's Counsel for attorneys' fees and reimbursement of
expenses.  The stock and warrants are to be issued exempt from
the registration requirements pursuant to Section 3(a)(10) of
the Securities Act of 1933.

For more information, contact the Claims Administrator by Mail:
Miller v. Ratliff, and Tengasco, Inc., c/o FRG Information
Systems Corp., Post Office Box 4059, Grand Central Station, New
York, NY 10163.


TENNESSEE: TVA, Electric Coop Face Lawsuit Over Electric Rates
--------------------------------------------------------------
The Tennessee Valley Authority and all electric cooperatives in
Tennessee face a class action filed in the United States
District Court for the Middle District of Tennessee by two
Nashville law firms, charging them with conspiring to keep rates
high by failing to refund money or reduce rates, the Tennesseean
reports.  Branstetter, Kilgore, Stranch & Jennings and Barrett,
Johnston and Parsley lodged the suit.  

"They're keeping money that belongs to their members," Doug
Johnston of Barrett, Johnston, and Parsley told the Tennessean.

U.S. Rep. Jim Cooper, D-Nashville, began asking the co-
operatives about their financing years ago, noting that none of
the Tennessee Valley co-operatives were returning surpluses to
members, as is normal in other parts of the country.  The co-
operatives, which buy their electricity from TVA, have said
TVA's contract has forbidden refunds for as long as anyone can
remember. The contract instead directs co-operatives to reduce
rates.

Co-op managers say they are keeping rates, and debt, low to the
advantage of their members.  Tennessee cooperatives serve about
800,000 people, more than 400,000 of them in Middle Tennessee.  
Anyone who pays an electric bill to a co-operative is a part
owner of the co-op.  The suit alleges that the co-operatives
have not reduced rates. The TVA says the last co-operative to
reduce rates did so eight years ago.

Rep. Cooper is talking with co-ops about possibly refunding some
money that has been collected from members over the years. The
co-op managers, however, say refunding money would mean higher
rates because the co-op would have to borrow money to raise
cash.

Middle Tennessee Electric, for example, has paid for almost 70%
of its assets and operations with cash. If Middle Tennessee
reduced its equity, or the amount members' own, from close to
70% to 40%, it would be more in line with the national average.
It could mail out refunds worth $366 on average. If it had to
turn around and borrow that money, it would have to raise rates
by 1.5%, the Tennessean reports.

"We operate in a way that has historically proven to be of great
benefit to our members," Middle Tennessee Electric spokesman
Chris Jones told the Tennessean.  "Our interest now and always
has been what's in the best interest of our members as a whole."


THINGS REMEMBERED: CA Court Approves Overtime Lawsuit Settlement
----------------------------------------------------------------
The California State Court granted final approval to the
settlement of a class action filed against Things Remembered,
alleging that the putative class (alleged to include 200
members) were improperly denied overtime compensation in
violation of a California law.  The action sought unspecified
damages, interest, restitution, as well as declaratory and
injunctive relief and attorneys' fees.

On February 3, 2003, the Company and the plaintiffs reached an
agreement to resolve the lawsuit for $562,500.  Preliminary
approval was received from the Court on August 1, 2003.  On
December 3, 2003, the Court approved final settlement of the
lawsuit.


WEGENER CORPORATION: Investors To Dismiss Derivative, Stock Suit
----------------------------------------------------------------
Plaintiffs intend to dismiss without prejudice the direct class
action and derivative action filed against Wegener Corporation
in the Court of Chancery of the State of Delaware, In and For
New Castle County, styled "Jerry Leuch, Plaintiff, v. Robert A.
Placek, Thomas G. Elliot, Joe K. Parks, C. Troy Woodbury, Jr.,
Wendell Bailey, Ned Mountain and Wegener Corporation, Civil
Action No.20361-NC."  

The Plaintiff alleges that the individual defendants violated
their fiduciary duties due to him and other shareholders, the
members of the alleged class, as well as the Company.  The
relief Plaintiff seeks is as follows:

     (1) a declaration that the Defendants must consider and
         evaluate all bona fide offers to purchase all of the
         outstanding shares of Wegener consistent with their
         fiduciary duties;

     (2) a declaration that this action is properly styled as a
         class action;

     (3) an injunction against proceeding with any business
         combination which benefited the individual defendants
         and an injunction requiring that any conflicts of
         interest be resolved in favor of the Wegener
         shareholders; and

     (4) a declaration removing the anti-takeover measures
         enacted by Wegener's Board of Directors

The complaint also seeks an award of Plaintiff's costs and
attorneys' and other fees.  An answer has been filed by Wegener,
denying all substantive allegations in the complaint.  

On January 8, 2004, the Company was informed that the Plaintiff
intends to file a dismissal of the Complaint without prejudice.
As a result, management does not believe that the ultimate
outcome of this litigation will have a material adverse effect
on its financial condition or results of operations.


                 New Securities Fraud Cases    


CANADIAN SUPERIOR: William Coudert Rand Files Stock Suit in NY
--------------------------------------------------------------
The Law Office of William Coudert Rand filed a securities fraud
class action in the United States District Court for the
Southern District of New York on behalf of persons or entities
who purchased or otherwise acquired the securities of Canadian
Superior Energy, Inc. (AMEX:SNG) between December 18, 2003 and
March 10, 2004 inclusive.

The action, entitled Harrison v. Canadian Superior Energy, Inc.
et al., Case No. 04 Civ. 02505, names as defendants Canadian
Superior, Greg Noval, Robert Pilling, and Michael Coolen. The
complaint charges defendants with violations of Sections 10(b)
and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5
promulgated thereunder.

The Complaint alleges that defendants issued materially false
statements about an offshore well known as the Mariner I-85 in
Nova Scotia, Canada. Specifically, defendants failed to disclose
that the Mariner I-85 well did not contain the substantial gas
reservoir required to support a commercial project and that the
costs of testing and drilling at the well were significantly
exceeding the budget. As a result of the foregoing, positive
announcements concerning the Mariner I-85 well lacked any
reasonable basis when made.

On March 11, 2004 Canadian Superior announced that it had halted
operations at the Mariner I-85 well and would not continue these
operations. As a result of this announcement, the share price of
Canadian Superior plunged 44%, or $1.44 per share, to close at
$1.80 per share on March 11, 2004.

For more details, contact William C. Rand, Esq. by Mail: Law
Office of William Coudert Rand, 711 Third Avenue, Suite 1505,
New York, New York 10017 by Phone: (212) 286-1425 by Fax:
(212) 599-7909 by E-mail: wcrand@wcrand.com or visit the firm's
Website: http://www.wcrand.com


D&K HEALTHCARE: Charles Piven Lodges Securities Suit in E.D. MO
---------------------------------------------------------------
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 D&K
Healthcare Resources, Inc. (Nasdaq:DKHR) between April 23, 2001
and September 16, 2002, inclusive.  The case is pending in the
United States District Court for the Eastern District of
Missouri.

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: 410/332-0030 or by E-mail:
hoffman@pivenlaw.com


EMCOR GROUP: Charles Piven Lodges Securities Fraud Lawsuit in CT
----------------------------------------------------------------
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 EMCOR Group,
Inc. (NYSE:EME) between April 9, 2003 and October 2, 2003,
inclusive.  The case is pending in the United States District
Court for the District of Connecticut against the Company and
one or more of its officers.

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: Charles Piven Lodges Securities Lawsuit in IN
--------------------------------------------------------------
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: Berger & Montague Lodges Securities Suit in DC
---------------------------------------------------------------
The law firm of Berger & Montague, P.C. initiated a securities
class action in the United States District Court for the
District of Columbia against ITT Educational Services, on behalf
of purchasers of publicly traded securities of ITT Educational
Services (NYSE:ESI) between April 17, 2003 and February 24, 2004
inclusive.

The complaint charges that ITT Educational, Rene R. Champagne,
Omer E. Waddles and Kevin M. Modany violated Sections 10(b) and
20(a) of the Securities Exchange Act, and Rule 10b-5 promulgated
thereunder, by issuing a series of materially false and
misleading statements to regarding ITT Educational's financial
performance that acted to artificially inflate the price of the
Company's stock.

The complaint alleges that during the Class Period, defendants'
representations concerning the Company's financial performance,
made in the Company's public filings and press releases, were
materially false and misleading by failing to disclose, inter
alia:

     (1) that the Company systematically falsified records
         relating to enrollment, graduation and job placement
         rates;

     (2) a material portion of the Company's reported revenues
         were derived through fraudulent business practices;

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

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

On February 25, 2004, before the market opened, 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 33%, or $18.90 per share, on extremely heavy
trading volume.

For more details, contact Sherrie R. Savett, Esquire, Glen
Abramson, Esquire or Diane R. Werwinski, Investor Relations
Manager by Mail: Berger & Montague, P.C., 1622 Locust Street,
Philadelphia, PA 19103 by Phone: 888-891-2289 or 215-875-3000 by
Fax: 215-875-5715 by E-mail: InvestorProtect@bm.net or visit the
firm's Website: http://www.bergermontague.com


MCDONALD'S CORPORATION: Much Shelist Files Securities Suit in IL
----------------------------------------------------------------
Much Shelist Freed Denenberg Ament & Rubenstein, P.C. initiated
a securities class action in the United States District Court
for the Northern District of Illinois on behalf of purchasers of
the securities of McDonald's Corporation (NYSE:MCD) between
December 14, 2001 and January 22, 2003, inclusive.

The Complaint alleges that McDonald's, along with certain
officers and directors, violated the federal securities laws by
issuing a series of materially false and misleading statements
to the market.  These misstatements have had the effect of
artificially inflating the market price of McDonald's
securities.

Specifically, the Complaint charges that the Company
misrepresented the state of its business and future prospects by
failing to disclose that hundreds of its restaurants were
underperforming and that the Company had incurred hundreds of
millions of dollars in unrecorded asset impairment and other
charges.

Defendants' scheme began to unravel when in September 2002, the
Company reported that "comparable sales" (i.e., year-over-year
sales comparisons for restaurants that had been open for more
than thirteen months) had continued to decline, especially in
U.S. and European markets, making it impossible for the Company
to meet its 2002 earnings guidance.

Then on January 23, 2003, defendants announced that the Company
had incurred losses of more than $810 million related,
primarily, to the closure of over 700 underperforming
restaurants and the write-off of hundreds of millions of dollars
of previously capitalized technology costs.

Prior to the disclosure of the adverse facts described above,
the Company completed fixed-rate debt offerings of at least $900
million at highly favorable interest rates. In addition, the
Individual Defendants, as well as other McDonald's insiders,
sold over 939,000 shares of McDonald's common shares, at or near
market highs, generating proceeds of more than $26 million.

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


MCDONALD'S CORPORATION: Charles Piven Lodges IL Securities Suit
---------------------------------------------------------------
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 McDonald's
Corporation (NYSE:MCD) between December 14, 2001 and January 22,
2003, inclusive.  The case is pending in the United States
District Court for the Northern District of Illinois, Eastern
Division against the Company and one or more of its officers
and/or 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


NOVASTAR FINANCIAL: Milberg Weiss Lodges Securities Suit in MO
--------------------------------------------------------------
Milberg Weiss Bershad Hynes & Lerach LLP initiated a securities
class action in the United States District Court for the Western
District of Missouri on behalf of purchasers of NovaStar
Financial, Inc. (NYSE:NFI) common stock during the period
between October 29, 2003 and April 8, 2004.

The complaint charges NovaStar and certain of its officers and
directors with violations of the Securities Exchange Act of
1934.  NovaStar is a specialty finance company that originates,
invests in and services residential nonconforming loans.

The Company offers a range of mortgage loan products to
borrowers (nonconforming borrowers) that generally do not
satisfy the credit, collateral, documentation or other
underwriting standards prescribed by conventional mortgage
lenders and loan buyers, including government-sponsored entities
such as Federal National Mortgage Association (Fannie Mae) or
Federal Home Loan Mortgage Corporation (Freddie Mac).  NovaStar
retains interests in the nonconforming loans it originates
through its mortgage securities investment portfolio.  Through
its servicing platform, the Company then services all of the
loans it retains interests in, in order to better manage the
credit performance of those loans.

The complaint alleges that during the Class Period, the
Company's shares were artificially inflated, hitting a high of
$67 per share, as the defendants continued to create the
illusion that the number of NovaStar offices was increasing and
record results would follow.  Desperate to create this illusion
in order to finance the Company through stock sales, defendants
went so far as to overstate the actual number of offices
NovaStar had and to operate offices illegally in multiple
states.

The true facts which were known by each of the defendants, but
concealed from the investing public during the Class Period,
were as follows:

     (1) that the Company's growth through branch office
         expansions was grossly overstated as these offices were
         illegally conducting business in Nevada and elsewhere;

     (2) that the Company's projected growth would be thwarted
         once regulators unearthed the defendants' unlawful
         business;

     (3) that the Company actually exaggerated the number of its
         branches in existence; for example, the Company
         overstated the number of its Nevada branches by 120%;
         and

     (4) that the full extent of defendants' unlawful practices
         are only beginning to be known, and in fact, it has
         just been reported that none of the Company's branches
         in Texas are licensed to do business.

As a result of the defendants' false statements, NovaStar stock
traded at inflated levels during the Class Period, increasing to
as high as $67 on March 22, 2004, whereby the Company sold more
than $107 million worth of its shares to the unsuspecting
public.

For more details, contact William Lerach by Phone: 800-449-4900
by E-mail: wsl@milberg.com or visit the firm's Website:
http://www.milberg.com  
   

NOVASTAR FINANCIAL: Charles Piven Lodges Securities Suit in MO
--------------------------------------------------------------
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 NovaStar
Financial, Inc. (NYSE:NFI) common stock during the period
between October 29, 2003 and April 8, 2004, inclusive.  The case
is pending in the United States District Court for the Western
District of Missouri against the Company and certain of its
officers and/or 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



TITAN CORPORATION: Charles Piven Lodges Securities Lawsuit in CA
----------------------------------------------------------------
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 The Titan
Corporation (NYSE:TTN) between July 24, 2003 and March 22, 2004,
inclusive.  The case is pending in the United States District
Court for the Southern District of California against the
Company and one or more of its officers and/or 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


WHITEHALL JEWELLERS: Spector Roseman Files Securities Suit in IL
----------------------------------------------------------------
Spector, Roseman & Kodroff, P.C. initiated a securities class
action in the United States District Court for the Northern
District of Illinois, on behalf of purchasers of the common
stock of Whitehall Jewellers, Inc. (NYSE:JWL) between November
19, 2001 through December 10, 2003, inclusive.

The Complaint alleges that defendants violated the federal
securities laws by issuing materially false and misleading
statements contained in press releases and filings with the
Securities and Exchange Commission during the Class Period
relating to Whitehall, a specialty retailer of fine jewelry.

Specifically, the Complaint alleges that during the Class
Period, defendants caused Whitehall's shares to trade at
artificially inflated levels through the issuance of false and
misleading financial statements. As a result of this inflation,
defendants were able to complete an insider trading scheme,
raising proceeds of $5.3 million.

On November 6, 2003, it was announced that Whitehall had
received a subpoena from the U.S. Securities and Exchange
Commission as part of a formal investigation into a complaint
that Whitehall aided a former supplier in an accounting fraud.
On December 11, 2003, it was announced that Whitehall had fired
its Chief Financial Officer and would delay reporting results
for its fiscal third quarter, and later that month that
Whitehall would be restating its financial statements for fiscal
2000, 2001 and 2002, including the 2002 quarters then ended, and
the first two quarters ended July 31, 2003.

For more details, contact Robert M. Roseman by Phone:
888-844-5862 by E-mail: classaction@srk-law.com or visit the
firm's Website: http://www.srk-law.com/.  

                            *********


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

Each Friday's edition of the CAR includes a section featuring
news on asbestos-related litigation and profiles of target
asbestos defendants that, according to independent researches,
collectively face billions of dollars in asbestos-related
liabilities.

                            *********


S U B S C R I P T I O N   I N F O R M A T I O N

Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills,
Pennsylvania, USA, and Beard Group, Inc., Frederick, Maryland
USA.   Roberto Amor, Aurora Fatima Antonio and Lyndsey Resnick,
Editors.

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

This material is copyrighted and any commercial use, resale or
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Information contained herein is obtained from sources believed
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