CAR_Public/040722.mbx              C L A S S   A C T I O N   R E P O R T E R

              Thursday, July 22, 2004, Vol. 6, No. 144

                            Headlines

ABBOTT LABORATORIES: Settles CA Antitrust Lawsuit Over AIDS Drug
ANNUITY & LIFE: Reaches Settlement For Securities Lawsuits in CT
CALIFORNIA: Women File Suit v. Marin County Strip Search Policy
COASTER CO.: Recalls 1.2 Million Dumbbells Due to Injury Hazard
CYBERCARE INC.: SEC Charges Former Officers, Analyst With Fraud

DEL GLOBAL: Reaches $16.5M Shareholder Settlement, Fined by SEC
EFUNDS CORPORATION: AZ Court Dismisses Securities Fraud Lawsuit
FLORIDA: AG Crist Subpoenas Six Drug Manufacturers Over Pricing
FOX NEWS: Advocacy Groups Challenge "Fair and Balanced" Slogan
FREDDIE MAC: NY Court Refuses To Dismiss ERISA Fraud Lawsuit

GLOBAL TELECOM: CT Court Grants Summary Judgment in SEC Favor
GTECH HOLDINGS: Suit Settlement Hearing Set September 22, 2004
IDAHO: Residents To Receive Checks in BuSpar Antitrust Suit Pact
IMPERIAL TOBACCO: Canadians File Deceptive Trade Practices Suit
LOUISIANA: Judge Bars Privatization of Police Retirement System

MATRIA HEALTHCARE: GA Court Dismisses Securities Fraud Lawsuit
MAZDA NORTH: Recalls 10,200 Minivans Due To Defective Actuators
MERCEDES-BENZ USA: Recalls 54,454 Sedans Due to Defective Fuses
MERCEDES-BENZ USA: Recalls 6,238 Sedans Due To Defective Hose
MICROSOFT CORPORATION: CA Consumers Yet To File Antitrust Claims

NETFLIX INC.: Scott + Scott Continues Inquiry, Prepares Lawsuit
NISSAN NORTH: Recalls 586,196 Trucks/SUVs Due To Crash Hazard
NORTH CAROLINA: Residents To Receive Refunds From Bristol-Myers
POLYONE CORP.: Says Asbestos Alert Report is Misleading
PORSCHE CARS: Recalls 10,175 Vehicles Due To Defective Seat Belt

RED HAT: Shareholders Commence Securities Fraud Suits in E.D. PA
SAAB CARS: Recalls 31,335 Saab 9-3s Due To Defective Seat Belts
SIMPLICITY MANUFACTURING: Recalls 5.9T Mowers Due to Injury Risk
ST. JUDE MEDICAL: Judge Denies Early Ruling Request in MN Suit
TENNESSEE: Appeals Court Nixes Suits V. Oak Ridge Nuclear Plant

UNITED STATES: Report Says DA Failed To Implement Race Bias Pact
VOLKSWAGEN: Recalls 24,269 Touareg SUVs Due To Seat Belt Defects
WEST POINTE: Board Denies Fraud Claims in Winnebago County Suit

                   New Securities Fraud Cases

BALLY TOTAL: Bernstein Liebhard Files Securities Suit in N.D. IL
CARDINAL HEALTH: Baron & Budd Lodges Securities Suit in S.D. OH
CARDINAL HEALTH: Stull Stull Lodges Securities Suit in S.D. OH
RED HAT: Murray Frank Lodges Securities Fraud Lawsuit in E.D. NC
TOPAZ GROUP: Marc Henzel Commences Securities Suit in WA Court

UICI: Marc Henzel Lodges Securities Fraud Lawsuit in N.D. Texas
WASHINGTON MUTUAL: Milberg Weiss Lodges Securities Lawsuit in WA
YUKOS OIL: Charles J. Piven Lodges Securities Lawsuit in S.D. NY
YUKOS OIL: Lerach Coughlin Lodges Securities Lawsuit in S.D. NY


                            *********


ABBOTT LABORATORIES: Settles CA Antitrust Lawsuit Over AIDS Drug
----------------------------------------------------------------
Abbott Laboratories, Inc. settled two lawsuits filed by
California-based AIDS Healthcare Foundation, after it raised the
price of its popular AIDS pill Norvir by 400 percent, Reuters
reports.

Norvir is a key AIDS drug that is considered unique in its class
because it boosts the effectiveness of other AIDS treatments.
The suits charge the Company with violating advertising and
antitrust laws.

The Company will not retract the price increase under the
settlement.   Instead, it will contribute to treatment programs
run by the AIDS Healthcare Foundation in the United States and
in Africa serving 10,000 patients, both sides estimate.

"We don't agree with the price increase, but at the same time,
with this settlement, we'll be able to treat a whole lot of
people," Tom Myers, general counsel for the AIDS group told
Reuters. "We thought it was a good outcome."

Neither side would disclose specific financial terms of the
deal.  The Company still faces a class action in California and
investigations by Attorneys General in New York and Illinois
relating to the price increase.


ANNUITY & LIFE: Reaches Settlement For Securities Lawsuits in CT
----------------------------------------------------------------
Annuity & Life Re (Holdings), Ltd. reached an agreement in
principle with plaintiffs to settle the shareholder lawsuit
pending against it and certain of its present and former
directors and officers in the United States District Court for
the District of Connecticut.

The suit was filed on behalf of shareholders who purchased,
converted, exchanged or otherwise acquired the common stock of
Annuity and Life Re (Holdings), Ltd. (NYSE:ANR) between February
12, 2001 and November 19, 2002, inclusive.

The complaint charges Annuity and Life Re (Holdings), Ltd. and
certain of its officers and directors with issuing false and
misleading statements concerning its business and financial
condition.  Specifically, the complaint alleges that throughout
the class period, as alleged in the complaint, defendants issued
numerous statements and filed quarterly and annual reports with
the SEC which described the Company's increasing revenues and
financial performance, an earlier Class Action Reporter story
(May 28,2003) states.

The settlement is without any admission of liability or
wrongdoing.  The Company's directors and officers' liability
carrier, and another defendant have agreed to pay an aggregate
of $16.5 million.  The Company's share of the settlement is $2.5
million in cash and an additional $2.5 million in common stock,
although it has reserved the right to elect to pay this portion
in cash.

The settlement is subject to final Board approval, full
documentation among the parties to the settlement, notice to the
class, Court approval and other steps required to consummate a
class action settlement.


CALIFORNIA: Women File Suit v. Marin County Strip Search Policy
---------------------------------------------------------------
Marin County, California faces a class action filed in the
United States District Court in California, over the county
jail's strip-search policies, which allegedly violates privacy
guarantees in state law and the U.S. Constitution, the Modesto
Bee State News reports.

Darcelle Chatoian of Mill Valley and Cynthia Tasca of Kentfield
filed the suit, after they were strip-searched by Marin County
jail officers.  Three male officers strip-searched Ms. Chatoian
after she was arrested last fall for suspicion of drunken
driving while Ms. Tasca alleged she was strip-searched last
summer after being taken into custody on a misdemeanor charge of
disturbing the peace.

State law allows strip searches only if an inmate was arrested
for a crime involving weapons, drugs or violence, or if jailers
believe their is reasonable suspicion that an inmate is
concealing contraband. Marin County Sheriff Bob Doyle said
Monday the county's strip-search policy complies with state law.
He denied the allegations in the lawsuit, the Modesto Bee
states.


COASTER CO.: Recalls 1.2 Million Dumbbells Due to Injury Hazard
---------------------------------------------------------------
Coaster Co. of America, Santa Fe Springs, California and
Jumpking Inc. of Mesquite, Texas is cooperating with the U.S.
Consumer Product Safety Commission (CPSC) by voluntarily
recalling about 1.2 million units of Reebok and NordicTrack
Chrome Dumbbells.

Because they do not fit together properly, the weights can fall
off the handles of these dumbbells and strike the user. Jumpking
has received nine reports of weights falling off handles
including five consumers who received injuries such as bruising,
a broken nose, and a broken toe.

The chrome dumbbells weigh between 2 and 50 pounds and have the
Reebok or NordicTrack trademark name on the outside of the bells
along with the weight of the dumbbell.

Manufactured in China, the dumbbells were sold at Gart Sports,
Sears, Target and other retail stores who carry sporting good
products nationwide from June 2000 through May 14, 2004 for
between $4 and $45.

Consumers should examine their dumbbells to make sure the
weights on both ends are tightly secured to the handle. If they
are loose, contact Jumpking to obtain instructions on how to
receive the free repair kit.

For more details, contact Jumpking, Inc. by Phone:
(800) 322-2211 between 8 a.m. and 5 p.m. ET Monday through
Friday or their Web site: http://www.jumpking.com


CYBERCARE INC.: SEC Charges Former Officers, Analyst With Fraud
---------------------------------------------------------------
The Securities and Exchange Commission filed a complaint
alleging securities fraud against two former officers of
CyberCare, Inc.  The SEC's complaint alleges that from at least
December 1999 to May 2000, CyberCare, through Michael Morrell,
its chief executive officer (CEO), and John Haines, one of its
senior vice-presidents and the president of its technology
division, issued false press releases and made fraudulent
presentations to the public regarding orders or agreements for
the sale of the Company's Electronic HouseCall System that were
non-existent or grossly exaggerated.  In addition, the press
releases made baseless projections about future orders with
entities that lacked the financial wherewithal to consummate the
deals.

The complaint also alleges that Morrell and Haines reviewed and
signed a Form 10-KSB that CyberCare filed with the Commission in
April 2000 that they knew contained some of the same false
information included in the press releases.

Finally, the complaint names as a defendant Paul Bornstein, a
former registered representative of Connecticut Capital Markets
LLC. According to the complaint, Bornstein created a Research
Report on CyberCare in January 2000 that placed a Strong Buy
recommendation on CyberCare's stock and a 12-month price target
of $52 per share on CyberCare's stock (which was quoted on the
NASDAQ at $11 per share at the time). The complaint alleges,
however, that the research report failed to disclose that at
least part of Bornstein's optimism about CyberCare resulted from
his simultaneous employment by CyberCare's public relation's
firm. CyberCare had hired the public relations firm in October
1999, and paid the public relations firm a monthly fee of
$4,000, plus 24,000 shares of CyberCare stock. The public
relations firm, in turn, paid Bornstein a monthly salary of
approximately $7,500.

Based on this alleged misconduct, the complaint charges Morrell
and Haines with violating Section 17(a) of the Securities Act of
1933 (Securities Act) and Section 10(b) of the Securities
Exchange Act of 1934 (Exchange Act) and Rule 10b-5 thereunder
and, as control persons pursuant to Section 20(a) of the
Exchange Act, for CyberCare's violations of Sections 10(b) and
13(a) of the Exchange Act, and Rules 10b-5, 12b-20, and 13a-1
thereunder. The complaint also charges Bornstein with violations
of Sections 17(a) and 17(b) of the Securities Act and Section
10(b) of the Exchange Act and Rule 10b-5 thereunder. The
complaint seeks permanent injunctions, civil money penalties,
and disgorgement plus prejudgment interest against all
defendants, and officer and director bars against Morrell and
Haines. The action is titled, SEC v. Michael Morrell, et al.,
Case No. 04-80664, SD Fla.


DEL GLOBAL: Reaches $16.5M Shareholder Settlement, Fined by SEC
---------------------------------------------------------------
Del Global Technologies Inc. settled a class action brought by
shareholders in February this year to enforce another class-
action lawsuit it had settled in 2002, the Journal News reports.

The first case, Valhalla-based Del Global had agreed to pay more
than $16 million in cash, stock and other financial instruments
to shareholders who brought the lawsuit after losing money from
their investment in the company's stock due to reported
accounting irregularities. The plaintiffs also received $1.25
million more in damages due to what they claimed was Del
Global's failure to complete the registration statement for the
shares of common stock. In addition, the class asked for and won
a declaration that $2 million in subordinated notes issued as
part of the 2002 lawsuit were immediately due and payable.

Under the settlement, Del Global also agreed to modify the
exercise, or "strike," price of the warrants that give their
holders the right to buy additional shares in the company, which
were issued in 2002 from $2 to $1.50 a share. The company also
agreed to extend the expiration date of the warrants by a year
to March 2009.

Del Global also reported that the U.S. District Court for the
Southern District of New York has approved its June settlement
with the U.S. Securities and Exchange Commission. The
settlement, which includes payment of a $400,000 civil fine,
involved claims against the company for improper business
practices by former executives, the Journal News reports.


EFUNDS CORPORATION: AZ Court Dismisses Securities Fraud Lawsuit
---------------------------------------------------------------
The United States District Court for the District of Arizona
dismissed the consolidated securities class action filed against
eFunds Corporation (EFD) on behalf of purchasers of the
Company's publicly traded securities during the period between
February 2, 2001 and October 24, 2002, inclusive.  The suit
names as defendants the Company and:

     (1) John A. Blanchard III (CEO and Chairman from February
         2, 2001 to September 15, 2002),

     (2) Paul F. Walsh (CEO and Chairman since September 16,
         2002),

     (3) Paul H. Bristow (Executive Vice President and CFO from
         February 2, 2001 to June 30, 2002) and

     (4) Thomas S. Liston (Interim Financial Officer since July
         1, 2002)

The defendants allegedly violated Sections 10(b) and 20(a) of
the Securities Exchange Act of 1934, and Rule 10b-5 promulgated
thereunder, by issuing a series of materially false and
misleading statements to the market between February 2, 2001 to
October 24, 2002.  The suit is styled "Poppel v. eFunds
Corporation, et. al.," an earlier Class Action Reporter story
(March 27,2003) stated.

Paul Walsh, Chairman and CEO of eFunds welcomed the dismissal,
saying, "We are obviously very pleased with the judge's
decision. Dismissal of the litigation allows us to focus on the
continuing expansion and improvement of our business."


FLORIDA: AG Crist Subpoenas Six Drug Manufacturers Over Pricing
---------------------------------------------------------------
Florida Attorney General Charlie Crist issued civil subpoenas to
six pharmaceutical manufacturers regarding their wholesale
pricing practices.  The investigation focuses on estimated
overcharges to the Medicaid program of in excess of $100
million.

"We need to get to the bottom of pharmaceutical pricing
practices," said AG Crist.  "If a violation has occurred, we
will pursue and recoup these funds, which will help citizens and
the overall state budget."

The subpoenas request materials that will assist in the
determination of liability under the Florida False Claims Act.
The materials are to be provided to the Attorney General's
Office by August 16, 2004.  The manufacturers are:

     (1) Mylan Laboratories, Inc.,

     (2) Geneva Pharmaceuticals, Inc.,

     (3) Ivax Pharmaceuticals, Inc.,

     (4) PurPac Pharmaceuticals,

     (5) Teva Pharmaceuticals, and

     (6) Watson Pharmaceuticals

The time frame of the questioned conduct is 1994 to the present.

Florida's Medicaid program reimburses pharmaceutical providers
at wholesale prices reported by manufacturers.  The subpoenas
will help determine whether the reported wholesale prices were
inflated beyond the actual wholesale price, resulting in
overpayments.


FOX NEWS: Advocacy Groups Challenge "Fair and Balanced" Slogan
--------------------------------------------------------------
Two political advocacy groups filed a petition with the Federal
Trade Commission, challenging Fox News' "Fair and Balanced"
slogan, saying it constituted deceptive advertising, the
Associated Press reports.

Liberal MoveOn.org and historically nonpartisan Common Cause
alleged consumer fraud in their complaint, saying Fox News'
reports are "deliberately and consistently distorted and twisted
to promote the Republican Party of the U.S. and an extreme
right-wing viewpoint."  The complaint seeks an order to make Fox
News cease and desist from using the slogan.

Members of the two groups held a press conference announcing the
petition, and then marched to the Fox News Headquarters to hand
out DVDs of the recent documentary "Outfoxed," which alleges a
pattern of right-wing biases in the network's reporting, citing
statements by former Fox employees and internal memos.  The
documentary is "Exhibit A" in the FTC petition.

In a statement later Monday, FTC Chairman Timothy J. Muris
indicated the petition has little chance, AP reports.  "I am not
aware of any instance in which the Federal Trade Commission has
investigated the slogan of a news organization. There is no way
to evaluate this petition without evaluating the content of the
news at issue. That is a task the First Amendment leaves to the
American people, not a government agency," he said.

Chellie Pingree, president of Common Cause, disagreed, saying
the legal actions were consistent with the First Amendment.
"Fox has no obligation under the law to be fair and balanced,
just not to market itself as fair and balanced," he told AP.

Irena Briganti, a Fox News spokeswoman, told The Associated
Press that "while this is clearly a transparent publicity stunt,
we recognize all forms of free speech and wish them well."  It
could take months for the Federal Trade Commission, which hears
all consumer complaints, to judge whether the complaint has
merit.


FREDDIE MAC: NY Court Refuses To Dismiss ERISA Fraud Lawsuit
------------------------------------------------------------
Judge John E. Sprizzo of the U.S. District Court for the
Southern District of New York denied McLean, Virginia-based
Freddie Mac's motion to dismiss a class action lawsuit filed
against it has been denied, allowing Ohio-based retirement
systems to proceed in its class action against the company, the
Dow Jones Business News reports.

Freddie Mac's (NYSE: FRE) motion to dismiss has stalled the case
for months as federal courts transferred it to New York and
consolidated or dismissed similar cases.

Filed by Ohio Attorney General Jim Petro on behalf of the State
Teachers Retirement System of Ohio and the Ohio Public Employee
Retirement Systems, the suit claims that due to Freddie's
"shoddy" accounting practices the retirement systems lost a
combined total of more than $25 million.

According to Attorney General Petro, "Freddie Mac was so intent
on maintaining its public image that its officers and board were
willing to ignore the rules of proper accounting at the expense
of investors, This shoddy accounting and lack of corporate
ethics is shameful."

Former employees Chann Martin and Dana Wilson are also suing
Freddie, its employee pension plan and several former executives
for allegedly violating the Employee Retirement Income Security
Act by investing large sums of their retirement money in company
stock.


GLOBAL TELECOM: CT Court Grants Summary Judgment in SEC Favor
-------------------------------------------------------------
The Honorable Peter C. Dorsey, U.S. District Court Judge for the
District of Connecticut, granted the Commission's motion for
summary judgment against Global Telecom Services, L.L.C. d/b/a
Medical Disposal Devices, Medical Disposal's President, Albert
D. LaTouche, and Salvatore J. Cartelli, Jr., a de facto officer
of Medical Disposal.

In his order, Judge Dorsey found that between 1997 and 2000,
Medical Disposal, LaTouche and Cartelli conducted a fraudulent
offering of securities, selling investment contracts and notes
to 47 investors, and defrauding them of $742,000.  Medical
Disposal claimed to manufacture and sell the "Needlyzer," a
device, which purportedly destroyed hypodermic needles safely.
Medical Disposal, however, never successfully commercially
manufactured or sold the Needlyzer. Judge Dorsey also found that
Medical Disposal, LaTouche and Cartelli made false and
misleading statements to induce investors to purchase investment
contracts and notes. For example, the Defendants told investors
that the FDA approved the Needlyzer, when, in fact, the FDA had
not. The Defendants told investors that a company in New York
manufactured the Needlyzer for Medical Disposal, when, in fact,
no company was manufacturing the Needlyzer for Medical Disposal.
The Defendants told investors that Medical Disposal had
negotiated contracts with foreign companies to purchase the
Needlyzer, when, in fact, no such contracts existed. The
Defendants also told investors they would use their funds to
manufacture Needlyzers, when, in fact, LaTouche and Cartelli
used investors' funds for personal purposes and to operate
Medical Disposal's other purported business.

Judge Dorsey permanently enjoined Medical Disposal, LaTouche
and Cartelli from 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 barred LaTouche and Cartelli from
serving as officers or directors of a public company. Judge
Dorsey also ordered the Defendants to pay disgorgement of
$742,000 plus prejudgment interest of $189,369, and to pay civil
penalties of $500,000 for Medical Disposal and $100,000 each for
LaTouche and Cartelli. The action is styled SEC v. Global
Telecom Services L.L.C. d/b/a Medical Disposal Devices, Albert
D. LaTouche and Salvatore J. Cartelli, Jr., 3:03-CV-418 (PCD) D.
Conn.


GTECH HOLDINGS: Suit Settlement Hearing Set September 22, 2004
--------------------------------------------------------------
The United States District Court for the District of Rhode
Island will hold a fairness hearing for the proposed settlement
for the class action filed against GTECH Holdings Corporation on
behalf of all persons who purchased the common stock of the
Company during the period from July 13, 1998, through August 29,
2000.

The Court has scheduled a fairness hearing to approve the
proposed settlement on September 22, 2004 at 2:00pm in the
United States District Court for the District of Rhode Island,
One Exchange Terrace, Federal Building and Courthouse,
Providence, RI 02903.

For more details, contact GTECH Securities Litigation - Claims
Administrator by Mail: c/o Berdon Claims Administrator LLC, P.O.
Box 9014, Jericho, New York 11753-8914 by Phone: (800) 766-3330
by Fax: (516) 931-0810 or visit their Web site:
http://www.berdonllp.com/claims


IDAHO: Residents To Receive Checks in BuSpar Antitrust Suit Pact
----------------------------------------------------------------
276 Idahoans will receive more than $162,000 in settlement
checks, the result of an antitrust suit that was settled
on March 7, 2003 against Bristol-Myers Squibb Co., Watson
Pharma, Inc. and Danbury Pharmacal, Inc.  Those Idahoans will
receive a letter of explanation with their checks in the next
few days, Attorney General Lawrence Wasden announced in a
statement.

Idahoans who submitted claims for purchases of the anti-anxiety
drug BuSpar will receive the refunds.  Individuals and
organizations that purchased BuSpar between January 1, 1998 and
January 31, 2003 and filed valid claims during the court-
established claims period ending December 5, 2003, will receive
a refund.  The amount of the refund is determined by the amount
of BuSpar purchased.  The average refund is $588.

Idaho and 34 other states, the District of Columbia and Puerto
Rico, had alleged that Bristol and the other defendants acted in
violation of state and federal antitrust laws to prevent generic
BuSpar from coming to the marketplace.  BuSpar is a prescription
drug, which is used for treating patients suffering from general
anxiety disorder.

The State of Idaho will also receive $175,000 based upon
Medicaid and state agency purchases of BuSpar.


IMPERIAL TOBACCO: Canadians File Deceptive Trade Practices Suit
---------------------------------------------------------------
Canadian tobacco giant faces a class action initiated by a
Newfoundland law firm, claiming the Montreal-based company
deceived its customers in its marketing for light and mild
cigarettes, the Calgary Sun reports.

According to attorney Ches Crosbie, the suit was filed "on
behalf of all those people who, in the belief that light
cigarettes were a more healthful alternative, smoked light
cigarettes anywhere in the last 30 years or so." Mr. Crosbie
also pointed out that based on Newfoundland's Trade Practices
Act, "what they did was a deceptive trade practice and forbidden
by the act."  The suit will seek the refund of money made from
the sales of light and mild cigarettes since their introduction
in the 1970s.


LOUISIANA: Judge Bars Privatization of Police Retirement System
---------------------------------------------------------------
State District Judge Michael Caldwell issued a restraining order
that prohibits the $1 billion Louisiana Municipal Police
Employees' Retirement System from further investments until a
hearing set for July 30, the Associated Press reports.

The suit seeks class-action status for 9,500 Louisiana police
officers, and asks for the appointment of a new manager for the
retirement system.


MATRIA HEALTHCARE: GA Court Dismisses Securities Fraud Lawsuit
--------------------------------------------------------------
The United States District Court for the Northern District of
Georgia dismissed the consolidated securities class action filed
against Matria Healthcare, Inc. (NASDAQ/NM:MATR) and certain
individuals on behalf of all persons who purchased or otherwise
acquired the Company's securities between October 24, 2001 and
June 25, 2002, inclusive.

The complaint charges that defendants violated Sections 10(b)
and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5
promulgated thereunder, by issuing a series of materially false
and misleading statements to the market between October 24, 2001
and June 25, 2002.  During the class period, the defendants
touted the "strong performance" of all of its diabetes
businesses and repeatedly bragged about the company's growth,
noting the signing of new contracts and anticipated contracts,
an earlier Class Action Reporter (September 10,2003) story
states.

Parker H. Petit, Chairman and Chief Executive Officer, said in a
statement, "We have always believed the lawsuit was without
merit, and we are gratified that the Court has dealt with the
case quickly."

General Counsel Roberta McCaw explained "The Court's ruling is
particularly noteworthy in several respects, including the
specific holding that there were no allegations to support a
claim that the Company or its executives violated the securities
laws. Since this is the second time this case has been dismissed
by the court, we hope this ruling will put this matter to rest."


MAZDA NORTH: Recalls 10,200 Minivans Due To Defective Actuators
---------------------------------------------------------------
Mazda North American Operations is cooperating with the National
Highway Traffic Safety Administration (NHTSA) by voluntarily
recalling about 10,200 units of Year 2001-2002 Mazda MPV
minivans.

Manufactured from April 2001 to November 2001, the NHTSA has
determined that on certain minivans equipped with cruise control
and on certain minivans that have had the cruise control
repaired and possibly had a defective cable installed during
that repair. The cruise control actuator cable may break due to
insufficient strength. A broken actuator cable could interfere
with the operation of the accelerator cable, preventing a
decrease in engine speed while driving, increasing the risk of a
crash.

Dealers will replace the actuator cable. The manufacturer has
reported that owner notification is expected to begin during
July 2004.

For more details, contact Mazda North America Operations by
Phone: 1-800-222-5500


MERCEDES-BENZ USA: Recalls 54,454 Sedans Due to Defective Fuses
---------------------------------------------------------------
Mercedes-Benz USA, LLC is cooperating with the National Highway
Traffic Safety Administration (NHTSA) by voluntarily recalling
about 54,454 units of Year 2000-2001 Mercedes Benz CL Class and
Mercedes Benz S Class sedans.

Manufactured from May 1998 to October 2000 the NHTSA has
determined that on certain passenger vehicles, the size of the
electric conductor of the blower motor fuse holder may be below
appropriate tolerances. Consequently, the electric conductor of
the holder may dissipate more heat than the plastic fuse holder
was designed to withstand, which could result in partial melting
of the blower motor fuse holder and disabling of the blower
motor.

Dealers will install new blower motor fuse holders. The
manufacturer has reported that owner notification is expected to
begin during July 2004.

For more details, contact Mercedes-Benz USA, LLC by Phone:
1-800-367-6372


MERCEDES-BENZ USA: Recalls 6,238 Sedans Due To Defective Hose
-------------------------------------------------------------
Mercedes-Benz USA, LLC is cooperating with the National Highway
Traffic Safety Administration (NHTSA) by voluntarily recalling
about 6,238 units of Year 2001-2003 Mercedes Benz CL Class and
Mercedes Benz S Class sedans.

Manufactured from December 1999 to March 2004, the NHTSA has
determined that on certain passenger vehicles, corrosion may
occur in the inner steel portions of the Active Body Control's
(ABC) high-pressure distribution hose due to extensive exposure
to heat and humidity. Over time, corrosion may deteriorate the
inner steel portions of the hose. This may result in ABC
hydraulic fluid leakage.

Dealers will install new, corrosion resistant ABC high-pressure
distribution hoses. The manufacturer has reported that owner
notification is expected to begin during July 2004.

For more details, contact Mercedes-Benz USA, LLC by Phone:
1-800-367-6372


MICROSOFT CORPORATION: CA Consumers Yet To File Antitrust Claims
----------------------------------------------------------------
Many qualified consumers in the California antitrust settlement
with Microsoft Corporation have yet to file their claims, an
official of the California-based Settlement Recovery Center said
in a statement.

This month, July 18 to be exact, marked the one-year anniversary
of the record-breaking Microsoft antitrust settlement case in
which the company agreed to pay up to $1.1 billion in vouchers
to California consumers thus settling class action lawsuits that
alleged the software giant used its monopoly powers to
overcharge for its products.

"Unfortunately, many, many millions of claims have yet to be
filed," according to Howard Yellen, CEO of the California-based
Settlement Recovery Center, a firm set up in 2003 to help
consumers and businesses file refund claims against Microsoft in
this landmark settlement.

"The $1.1 billion settlement is the biggest recovery of its kind
in the history of California antitrust law and many consumers
just don't know they are due a refund," he continued.

The current official deadline for filing a claim is September
28, 2004.  Once the judge approves final orders relating to the
settlement, the time-to-file countdown clock begins ticking.
Consumers have until then to submit their claim or forever lose
their opportunity to collect refunds due them. Consumers who
purchased Microsoft products can access a convenient automated
processing system via the http://www.ClassActionMoney.com
website.

Microsoft last fall mailed millions of settlement notices to
California consumers and businesses, yet far fewer than half
have bothered to file claims.  SRC is doing everything it can to
get the word out and last week launched a controversial viral
marketing campaign called Redmond Raid
(http://www.RedmondRaid.com) which showed a cartoon character
of a disgruntled penguin flying over the Redmond, Washington
campus dropping bombs on buildings in an effort to recover cash,
the Company said in a statement.

"It's not just consumers who are due refunds; thousands of
California-based businesses stand to gain a substantial refund
from Microsoft if only they take the time to file their claims,"
Mr. Yellen stated.  "Many of our business clients have hundreds
or thousands of employees and hoping to recover tens or hundreds
of thousands of dollars in refunds from Microsoft . Our main
objective is to make individuals and businesses aware of the
action, and to assist them in the filing of claims.  It's their
money and they need to step up to the plate and collect it. All
they have to do is act."

For more details, contact Scott Hunter, VP Marketing, by Phone:
1-877-633-6227 Ext. 292 or visit the Websites:
http://www.ClassActionMoney.com


NETFLIX INC.: Scott + Scott Continues Inquiry, Prepares Lawsuit
---------------------------------------------------------------
The law firm of Scott + Scott, LLC commenced an investigation
and is preparing to file a complaint in the Northern District of
California against Netflix, Inc. ("Netflix") (NASDAQ:NFLX) with
regard to the news reported on alleged illegal behavior at the
Company as it relates to the U.S. securities fraud laws. It is
continuing further investigation while it prepares to file the
complaint.

The complaint to be filed alleges that, between October 1, 2003,
and July 15, 2004 (the Class Period), Netflix and its CEO Reed
Hastings, CFO Barry McCarthy and Chief Marketing Officer Leslie
Kilgore failed to disclose the number of subscriber
cancellations being suffered by the Company, even as they
repeatedly touted the large number of new subscribers being
added to the Company's subscriber base.

The complaint further alleges that they also consistently
understated the Company's churn rate (the percentage of its
subscribers that cancelled per month). They achieved this by
using an improper calculation of the rate that produced an
artificially low churn rate in quarters in which the Company was
adding substantial numbers of new subscribers. Because the
Company was adding large numbers of new subscribers throughout
the Class Period, the calculation produced a misleadingly low
reported churn rate throughout the Class Period.

Disclosure of actual subscriber cancellations and the actual
churn rate was critically important for investors analyzing the
Company's prospects and the potential of its business model. The
Company spends approximately $35 in marketing expense to acquire
each new subscriber. Had investors known that the Company was
being forced continuously to replenish its subscriber base
through additional marketing expenditures; it would have called
into question the potential long-term profitability of the
Company and the viability of its business model.

The truth came to light when, after the market closed on July
15, 2004, the Company issued an earnings release which, for the
first time, disclosed the number of subscriber cancellations
during previous quarters. Specifically, the press release stated
that, while the Company had added 537,000 new subscribers during
the second quarter, it had suffered 422,000 subscriber
cancellations.

In response, Netflix shares declined from $32 per share to $20
per share over the next two days, a decline of 38%. During the
Class Period, the shares had traded as high as $39.77 per share,
during which period Hastings, McCarthy and Kilgore sold
approximately $13 million in Netflix shares.

Form more details, contact Scott + Scott, LLC by Phone:
800/404-7770 (EDT) or 800/332-2259 (PDT) or 860/537-3818
(Connecticut) or 619/233-4565 (California) or by E-mail:
NetflixSecuritiesAction@scott-scott.com or
nrothstein@scott-scott.com


NISSAN NORTH: Recalls 586,196 Trucks/SUVs Due To Crash Hazard
-------------------------------------------------------------
Nissan North America, Inc. is cooperating with the National
Highway Traffic Safety Administration (NHTSA) by voluntarily
recalling about 586,196 units of Year 1999-2003 Nissan Frontier
and Nissan Xterra pickup trucks and sports utility vehicles.

Manufactured from June 1998 to March 2003, the NHTSA has
determined that on certain pickup trucks equipped with six
cylinder engines, and sport utility vehicles equipped with four
or six cylinder engines, the fuel pump terminal on the fuel-
sending unit can develop a crack in the plastic molding. This
can cause the terminal strip to corrode under some environmental
conditions. If corrosion occurs, the terminal strip could
eventually break causing the fuel pump to stop operation. This
will result in not being able to start the engine or cause the
engine to stop running without warning, which can result in a
crash.

In the following states, dealers will replace the fuel-sending
unit. These states are Connecticut, Delaware, Illinois, Indiana,
Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan,
Minnesota, New Hampshire, New Jersey, New York, Ohio,
Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, West
Virginia, Wisconsin, and the District of Columbia. In the other
states, the dealer will inspect the fuel pump terminal on the
sending unit for corrosion. If corrosion is present, the dealer
will replace the unit. If there is no corrosion, the dealer will
apply sealant to the terminal housing to help prevent corrosion
in the future.

The manufacturer has reported that owner notification began on
June 28, 2004.

For more details, contact Nissan North America by Phone:
1-800-647-7261


NORTH CAROLINA: Residents To Receive Refunds From Bristol-Myers
---------------------------------------------------------------
North Carolina Attorney General Roy Cooper announced that refund
checks are in the mail to more than 1,500 North Carolinians who
were denied cheaper generic drugs by Bristol-Myers Squib.
"It's wrong to deny patients more affordable medicines," said AG
Cooper.  "Money is now going back to people who paid more than
they should have because a drug company blocked access to
generic alternatives."
In March of 2003, North Carolina joined 34 other states, the
District of Columbia and Puerto Rico in an agreement to settle
charges that Bristol-Myers Squibb deliberately kept generic
equivalents to the widely prescribed anti-anxiety drug BuSpar
off the market.  The settlement was approved by U.S. District
Court for the Southern District of New York on July 1, 2004.
As a result of the settlement, consumers who purchased BuSpar
between January 1, 1998 and January 31, 2003 and who submitted
valid refund claims will receive average payments of $647 each.
Bristol-Myers Squibb will also reimburse state and local health
agencies that paid full price for BuSpar because no generic
alternative was available.
Nationally, 57,474 consumers will recover more than $37
million.  In North Carolina, 2,512 people will receive more than
$1.5 million in refunds. Those refund checks were sent out to
North Carolinians late yesterday.
The agreement settles allegations raised by Cooper and the other
attorneys general that Bristol-Myers Squibb lied to government
regulators in order to keep generic alternatives to BuSpar off
the market for months.   Investigators discovered that Bristol-
Myers Squibb misled the Food and Drug Administration when
applying for a new patent for BuSpar, telling the FDA that the
patent protected the company's exclusive right to manufacture
the drug and barred other manufactures from selling generic
equivalents.
People who took the FDA-approved daily dose of BuSpar spent
close to $100 each month for the brand-name drug.  Consumers and
the state of North Carolina would have been able to save money
by purchasing a generic version of BuSpar, had it been
available.  Generics can save consumers 30 to 40 percent over
brand-name prices.  If several generic versions are available,
competition can lower prices by 70 to 80 percent.
Under the agreement, Bristol-Myers Squibb is barred from re-
listing the patent for BuSpar and for other drugs as a way to
squash generic alternatives. Bristol-Myers Squibb is also
forbidden from making false statements to the FDA and cannot
enter into agreements with generic drug manufacturers if those
agreements would adversely affect competition.
"The last thing patients need is to have an extra financial
burden placed on them when they seek medical help," Cooper
said.  "My office is dedicated to doing all it can to ensure
that prescription drug costs are fair."
For more details, contact Noelle Talley, Public Information
Officer, N.C. Department of Justice by Phone: (919) 716-6484 or
(919) 716-6413 by Fax: (919) 716-0803 or by E-mail:
ntalley@ncdoj.com

POLYONE CORP.: Says Asbestos Alert Report is Misleading
-------------------------------------------------------
PolyOne Corporation vice president Dennis Cocco says an Asbestos
Alert story published in the Class Action Reporter and
distributed by SunStreamNews via The Bloomberg Professional
Service is misleading.  

Mr. Cocco says that he's "had to have conversations with a number
of . . . shareholders and bond holders to refute the implications
of [the] alert."  Mr. Cocco says the published statements are
"taken out of context."  

PolyOne makes this disclosure in its quarterly report for the
period ending March 31, 2004:

     [W]e have been named in various lawsuits involving multiple
     claimants and defendants relating to alleged asbestos
     exposure in the past by, among others, workers and their
     families at plants owned by us or our predecessors or on
     board ships owned or operated by us or our predecessors. We
     believe that any liability that may finally be determined
     should not have a material adverse effect on our
     consolidated financial position, results of operations or
     cash flows.

Ohio-based PolyOne Corp. (NYSE: POL), was formed by the 2000
merger of plastics companies Geon and M.A. Hanna, PolyOne Corp.
is among North America's largest plastics compounders and resins
distributors.  The company's performance plastics unit produces
custom-made compounded plastics and custom-formulated colorants
for plastic manufacturers throughout North America and Europe.  
Other segments produce rubber compounds for the rubber industry
and engineered films for a variety of industrial applications,
though the company is considering selling those units.  PolyOne
also distributes about 3,500 resins from some 20 suppliers.  It
has operations in Asia, the Americas, Australia, and Europe.

"Asbestos is not material issue for PolyOne," Mr. Cocco stresses.

Mr. Cocco can be reached by telephone at (440) 930-1538 or at
Dennis.Cocco@polyone.com by e-mail.


PORSCHE CARS: Recalls 10,175 Vehicles Due To Defective Seat Belt
----------------------------------------------------------------
Porsche Cars North America, Inc. is cooperating with the
National Highway Traffic Safety Administration (NHTSA) by
voluntarily recalling about 19,175 units of Year 2003-2004
Porsche Cayenne, Porsche Cayenne S and Porsche Cayenne Turbo
Passenger vehicles.

Manufactured through December 2003, the NHTSA has determined
that on certain passenger vehicles, the rear seat belt latch
attachment bolt is insufficiently riveted. In the event of a
crash, the seat occupant may not be properly restrained,
increasing the risk of personal injury.

Dealers will inspect the belt buckle latch and, if necessary,
replace the latch. The manufacturer has reported that owner
notification began the week of May 31, 2004.

For more details, contact Porsche Cars North America, Inc. by
Phone: 1-800-545-8039


RED HAT: Shareholders Commence Securities Fraud Suits in E.D. PA
----------------------------------------------------------------
At least 14 law firms have announced the filing or planned
filing of 15 class actions against Red Hat, Inc. and several of
its officers on behalf of investors who purchased the Company's
securities during various periods from June 19, 2001 through
July 13, 2004.  The suits are purported to be have been filed in
the United States District Court for the Eastern District of
North Carolina.

All of the claims appear to arise from the Company's
announcement on July 13, 2004 that it will restate certain of
its financial statements.  The Company has not yet been served
with and has not yet had a chance to substantively review the
complaints in any of these actions. The Company has, however,
reviewed press releases asserting that plaintiffs have filed
such claims, and has reviewed the text of some of the claims.

Based on that limited review, it appears that in each of the
actions, plaintiffs seek to represent a class of purchasers of
the Company's common stock during some or all of the period from
June 19, 2001 to July 13, 2004.  One or more of the plaintiffs
assert that the Company and certain present and former officers
violated Sections 10(b) and 20(a) of the Securities Exchange Act
of 1934 and Rule 10b-5 thereunder by releasing the financial
statements that the Company will restate.

One or more of the plaintiffs seek unspecified damages,
interest, costs, attorneys' and experts' fees, an accounting of
certain profits obtained by the Officer Defendants from trading
in Red Hat common stock, disgorgement pursuant to Section 304 of
the Sarbanes-Oxley Act of 2002 by the Chief Executive Officer
and Chief Financial Officer of certain profits from trading Red
Hat common stock and certain bonuses and preliminary and
permanent injunctive relief (including restrictions on transfer
of certain profits obtained by the Officer Defendants from
trading in Red Hat common stock).


SAAB CARS: Recalls 31,335 Saab 9-3s Due To Defective Seat Belts
---------------------------------------------------------------
Saab Cars USA, Inc. is cooperating with the National Highway
Traffic Safety Administration (NHTSA) by voluntarily recalling
about 31,335 units of Year 2003-2004 Saab 9-3 passenger
vehicles.

Manufactured from July 2002 to September 2003, the NHTSA has
determined that some of these passenger vehicles were built with
seat belt retractors for the front seats that were damaged
during the manufacturing process. If damaged, over time, the
Automatic Tensioning System (ATS) cable in the seat belt
retractor could break, causing the belt webbing to not retract.
In the event of a crash, a front seat occupant may receive more
severe injuries.

Dealers will replace the seat belt retractor assemblies. The
manufacturer has not yet provided an owner notification schedule
for this campaign.

For more details, contact Saab Cars USA, Inc. by Phone:
1-800-955-9007


SIMPLICITY MANUFACTURING: Recalls 5.9T Mowers Due to Injury Risk
----------------------------------------------------------------
Simplicity Manufacturing Inc., of Port Washington, Wisconsin is
cooperating with the U.S. Consumer Product Safety Commission
(CPSC) by voluntarily recalling about 5,900 units of Lawn
Tractors and Riding Mowers.

A safety switch under the seat of these lawn tractors and riding
mowers is designed to stop the mower blade turning within 5
seconds of the operator leaving the tractor seat. The recalled
mowers' blades can continue to turn longer than 5 seconds after
the operator leaves the seat, posing a laceration and amputation
hazard.

These lawn tractors and riding mowers, designed for non-
commercial use, were sold under the Simplicity, AGCO and Massey
Ferguson brand names. They include Regent/500/2500 Series lawn
tractors, Coronet/2400 Series riding mowers, and Lancer/4400
Series riding mowers with the following model and serial
numbers:

Regent/500/2500 Series:
Product Series; Model Number; Serial Number

Regent, 15-hp; 1693911; 09000-09439
Regent, 15-hp; 1694321; 09000-10015
Regent, 15-hp; 1694314; 00166-00334
Regent, 16-hp; 1693915; 09000-11368
Regent, 16-hp; 1694200; 09000-09120, 10000-10411
Regent, 16-hp; 1694313; 09000-09060, 10000-10001
Regent, 17-hp; 1693918; 09000-09050
515H, 15-hp; 1694323; 09000-09027
516H, 16-hp; 1693935; 09000-09034
2515H, 15-hp; 1694325; 09000-09011
2526H, 16-hp; 1694343; 09000-09025

Coronet/2400/RT Series:
Product Series; Model Number; Serial Number

Coronet, 13-hp; 1694462; 00001-00599
Coronet, 16-hp; 1694463; 00001-00346
Coronet, 13-hp; 1694510; 00001-00098
2413H, 13-hp; 1694464; 00001-00028

Lancer/4400 Series:
Product Series; Model Number; Serial Number

Lancer, 17-hp; 1694292; 02000-02016
4417, 17-hp; 1694294; 02000-02160

Manufactured in the United States of America, the lawn mowers
were sold at independent lawn mower dealers nationwide from June
2003 through May 2004 for between $2,000 and $3,750.

Consumers should contact the dealership where the lawn tractor
or riding mower was purchased to have a free replacement seat
safety switch installed.

For more details, contact Simplicity Manufacturing, Inc. by
Mail: 500 N. Spring Street, Port Washington, WI 53074 by Phone:
(800) 357-8244 between 9 a.m. and 5 p.m. ET Monday through
Friday or visit their Web site: http://www.simplicitymfg.com


ST. JUDE MEDICAL: Judge Denies Early Ruling Request in MN Suit
--------------------------------------------------------------
A request for on early ruling in a long-standing class action
lawsuit against St. Jude Medical Silzone treated heart valve
implants was denied by U.S. District Court Judge John Tunheim of
Minnesota, Reuters reports.

Minnesota-based St. Jude, which had argued that the claims
against the company were preempted because the device had
received market clearance from the FDA. But Judge Tunheim was
persuaded that the device was no longer FDA-approved thus
promptly denying St. Jude's request for an early ruling.

The suit stems from a January 2000 voluntarily recall by St.
Jude of all mechanical heart valves coated with Silzone after a
study found patients were susceptible to a serious complication
requiring removal of the valve.

According to J. Gordon Rudd Jr., Plaintiffs attorney, the ruling
means patients injured by the valves will now have the chance to
have their cases heard before a jury.

Peter Gove, St. Jude spokesman, told Reuters that the ruling was
"just another step in the road." He added: "Judge Tunheim has
made several rulings in the case. I can't comment on the merits
of it." He said that the company would address the issue in a
filing with the Securities and Exchange Commission.


TENNESSEE: Appeals Court Nixes Suits V. Oak Ridge Nuclear Plant
---------------------------------------------------------------
The United States Sixth Circuit Court of Appeals in Cincinnati,
Ohio refused to allow two class actions filed on behalf of
potentially thousands of people who might have been exposed to
toxic substances from the Oak Ridge, Tennessee nuclear weapons
complex for the past 50 years, the Tennesseean.com reports.

Two suits were filed against the United States Energy Department
and 13 firms or institutions that have run the weapons complex
since it opened in 1942 as part of the bomb-building Manhattan
Project of World War II.  The suits include as defendants:

     (1) the University of Chicago, Monsanto Co.,

     (2) Union Carbide Corporation,

     (3) Eastman Chemical Co.,

     (4) Martin-Martin Energy Systems Inc.,

     (5) Bechtel Jacobs Co. and

     (6) the University of Tennessee-Battelle

Stephen Heiser and others filed the first lawsuit on behalf of
everyone who lived in Oak Ridge who either had cancer or was at
risk of cancer or other diseases linked to the weapons complex.
Mr. Heiser and four plaintiffs allegedly developed thyroid
cancer caused by radioactive emissions.

Fannie Ball and other residents of the historically black
Scarboro community filed a companion lawsuit, seeking
compensation on the grounds of racial discrimination.  The
community began as a government-created blacks-only trailer park
for laborers and domestics near the Y-12 nuclear weapons plant.

In 2002, federal judge James Jarvis ruled that the suits failed
to meet the state's one-year statute of limitations.  The court
also refused to certify them as class actions, saying they
failed to show enough common interest between the plaintiffs.

The appeals court upheld Judge Jarvis summary judgment in favor
of the defendants, but stated that some individual claims may be
"still viable."  "It is possible the weaker claims have obscured
the stronger claims," Judge Judith Barzilay wrote for the three-
member panel, Tennessean.com reports.  "From this vantage point,
however, it is impossible to discern."

An eight-year, $14 million government study released in January
2000 spurred the suits with its documentation of a history of
toxic releases from the nuclear weapons complex.  The report
concluded that some people were probably harmed by the releases,
most likely children in the early 1950s who drank milk from
"backyard" cows or goats that ate grass contaminated by
radioactive iodine, and fetuses of women who routinely ate fish
from mercury-contaminated creeks in the 1950s and 1960s.

The plaintiffs sued a year after the release of the study, which
the court said was too late, noting that the "possible
connection between emissions and health risks near Oak Ridge"
was widely publicized before and during the preparation of the
study.

The judges also said the plaintiffs failed to show they made any
effort to support their claims that the government and
contractors withheld information.  "We find nothing in the
record of this case that exhibits any concealment motivated by
bad faith on the part of the defendants. We further note that
the duty to inquire applied even when the government may have
engaged in concealment of facts," the judges said.


UNITED STATES: Report Says DA Failed To Implement Race Bias Pact
----------------------------------------------------------------
The United States Department of Agriculture has failed to
properly implement the terms of a landmark race discrimination
settlement with black farmers forged in 1999, relating to the
Department's denial of loans and other assistance available
under federal programs to African-American farmers, a report
issued by a public interest watchdog states, the New York Times
reports.

Environmental Working Group issued the report this week after it
conducted a two-year investigation with the National Black
Farmers Association.  The report alleges that the department
denied restitution to roughly 9 in 10 farmers seeking
compensation and spent millions to thwart their claims instead.

Under the settlement, the class members in the suit were allowed
two ways to seek redress.  One was a "fast track" payment of
$50,000 for those with minimal documentation who could show that
they had not been given treatment equal to that of white
farmers.  The other, for those with greater documentation,
allowed claims for actual damages, the Times reports.

Of the 94,000 farmers who sought relief as a result of the
settlement, 81,000 were denied restitution.  Most of the
claimants applied for the fast track option, but the report
alleges that even among the 22,000 of these farmers granted
access to the class by arbitrators, roughly 40 percent were
turned down.  More than three-quarters of the denied claims were
rejected because of a court-acknowledged mistake in which the
plaintiffs' lawyers misinformed them of the deadline for filing.
The others were turned aside on the ground of insufficient
documentation.

"The settlement has been a complete failure at making whole the
African-American farmers who suffered decades of
discrimination," the report's author and lead researcher,
Arianne Callender, general counsel of the Environmental Working
Group, told the New York Times.

The settlement called for the government to pay as much as $2.3
billion. According to Vernon B. Parker, assistant secretary of
agriculture for civil rights, the actual amount paid is $657
million, to 13,151 claimants, the New York Times states.  Mr.
Parker said the department bore no responsibility for the denial
of claims because all cases were handled by a court-appointed
third-party arbitrator.

"The attorneys representing the black farmers specifically
excluded U.S.D.A. from all aspects of the settlement," said Mr.
Parker, who took his newly created post in 2003.  "I have had
black farmers come to me about their claims, and I have made
calls, but it comes down to me having no say. They wanted an
independent body, and that's what they got."

However, Ms. Callender alleged the Agriculture Department spent
$12 million contesting individual claims and that it regularly
refused to provide farmers access to information that would have
helped them prove their cases.  Ms. Callender obtained
documentation on the settlement process from lawyers and
monitors associated with the case as well as from the Justice
Department.

John Boyd, president of the black farmers association, told the
Times the group wanted Congress to order the department to pay
9,000 farmers who were accepted to the class but were denied the
$50,000 fast-track payment, and to have the department consider
the claims of nearly 64,000 affected by the filing-deadline
error.

"We're going to do the right thing and go to our Congressional
leaders first," said Mr. Boyd, a fourth-generation tobacco
farmer from Baskerville, Va. "But we are prepared to come to
Washington with tractors and mules and whatever else will help
us bring attention to this. Black farm families are legitimate
people who vote, and we will be voting for who helps us on
this."


VOLKSWAGEN: Recalls 24,269 Touareg SUVs Due To Seat Belt Defects
----------------------------------------------------------------
Volkswagen of America, Inc. is cooperating with the National
Highway Traffic Safety Administration (NHTSA) by voluntarily
recalling about 24,269 units of Year 2004 Volkswagen Touareg
sports utility vehicles.

Manufactured from April 2003 to December 2003, the NHTSA has
determined that on certain sport utility vehicles, the rear seat
belt latch attachment bolt may have been insufficiently riveted.
In the event of a crash, the seat occupant may not be properly
restrained, increasing the risk of personal injury.

Dealers will inspect the belt buckle latch and, if necessary,
replace the latch. The manufacturer has reported that owner
notification began on June 21, 2004.

For more details, contact Volkswagen of America by Phone:
1-800-822-8987


WEST POINTE: Board Denies Fraud Claims in Winnebago County Suit
---------------------------------------------------------------
Lawyers representing West Pointe Bank's board of directors
denied allegations of fraud in a civil, class-action lawsuit
filed in Winnebago County Circuit Court in April by shareholders
James H. Lang of Oshkosh and David and Mary Jane Conger of
Winneconne, the Oshkosh Northwestern reports.

The civil complaint claims the board wrongfully issued
themselves stock, misled stockholders and conducted other
activities in an attempt to gain a majority, controlling share
of the company. The civil complaint also claims that the board
in 1997 optioned to buy 49,900 shares for an employee incentive
stock option plan. Named as defendants in the case include bank
president David Krumrei and directors Gordon H. Decker, Roger M.
Lines, Thomas P. Nesbitt, Russell F. Sprung and Jack D.
Steinhilber.

Representing Mr. Lang and the Congers, attorney George Curtis
filled court documents seeking information including salaries
and benefits of each bank employee since 1999, all travel and
entertainment expenses, receipts to the Oshkosh Country Club and
meeting records from the board of directors.

But attorneys for the board of directors countered by filing a
motion seeking protective order arguing that making salary
information public would embarrass bank employees. In their
motion, the attorneys further argued that, "This is a fishing
expedition without reason, without connection to the allegations
of the complaint and one which the plaintiffs have no standing
to undertake."

In their complaint Mr. Lang and the Congers stated that the suit
was filed in an attempt to gain to accounting information, and
to seek the suspension and removal of the board.


                   New Securities Fraud Cases


BALLY TOTAL: Bernstein Liebhard Files Securities Suit in N.D. IL
----------------------------------------------------------------
The law firm of Bernstein Liebhard & Lifshitz, LLP initiated
securities class action lawsuit in the United States District
Court for the Northern District of Illinois on behalf of all
persons who purchased or acquired securities of Bally Total
Fitness Holding Corporation (NYSE: BFT) ("Bally" or the
"Company") between August 3, 1999 and April 28, 2004, inclusive
(the "Class Period"), seeking to pursue remedies under the
Securities Exchange Act of 1934 (the "Exchange Act").

The complaint charges Bally and certain of its officers and
directors with violations of the Securities Exchange Act of
1934. The complaint alleges that throughout the Class Period
defendants issued numerous positive statements and filed
quarterly and annual reports with the SEC which described the
Company's increasing financial performance. These statements
were materially false and misleading because they failed to
disclose and/or misrepresented the following adverse facts,
among others:

     (1) that the Company had violated Generally Accepted
         Accounting Principles ("GAAP") and its own internal
         policies by prematurely recognizing revenue on certain
         non-obligatory prepaid membership dues;

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

     (3) that, as a result, the value of the Company's reported
         revenues during the Class Period was materially
         overstated.

On April 28, 2004, the Company issued a press release announcing
that its Chief Financial Officer and Director, John W. Dwyer,
had resigned and that the Division of Enforcement of the SEC had
commenced an investigation in connection with the Company's
announced restatement regarding the timing of recognition of
certain prepaid dues. The Company also stated that it had
modified its existing internal controls structure, which it
believes is now effective.

In response to these disclosures, shares of the Company's stock
fell approximately 17%, to close at $4.50 per share, on
extremely heavy trading volume.

For more details, contact Bernstein Liebhard & Lifshitz, LLP -
Shareholder Relations Department by Mail: 10 East 40th Street,
New York, New York 10016 by Phone: (212) 779-1414 or
(800) 217-1522 by E-mail: BFT@bernlieb.com or visit their Web
site: http://www.bernlieb.com


CARDINAL HEALTH: Baron & Budd Lodges Securities Suit in S.D. OH
---------------------------------------------------------------
The law firm of Baron & Budd, P.C. announces that it has filed a
class action lawsuit in the United States District Court for the
Southern District of Ohio on behalf of all persons who purchased
the publicly traded securities of Cardinal Health, Inc. (NYSE:
CAH) ("Cardinal" or "the Company") between October 24, 2000 and
June 30, 2004, inclusive (the "Class Period"). Also included are
all those who acquired Cardinal's shares through its
acquisitions of Alaris Medical, Intercare, Medicap, Syncor,
Boron Lepore, InGel, Ni-Med, SP Pharmaceuticals, or
International Processing Corp. Present and former employees who
purchased stock through Cardinal's Retirement Savings Plans are
also included.

The Complaint alleges that Cardinal, and certain of its officers
and directors issued materially false statements concerning the
Company's financial condition. Specifically, defendants failed
to disclose:

     (1) that Cardinal manipulated various aspects of its
         accounting practices to continuously portray
         profitability to market;

     (2) that Cardinal held inventory for an average of two
         months, and reaped exorbitant profits from price
         inflation;

     (3) Cardinal improperly accounted for the $22 million
         recovered from Vitamin makers accused of overcharging
         Cardinal by booking such recoveries as revenue when the
         antitrust cases had not been resolved; and

     (4) that Cardinal's pharmaceutical distribution business
         improperly classified revenues by reporting the
         revenues as either operating revenue or revenues form
         bulk deliveries to consumer warehouses when revenues
         were not derived from such.

On June 30, 2004, Cardinal announced expected earnings per share
for fiscal 2004 which were below prior guidance. Separately, the
company announced that on June 21, as part of the Securities and
Exchange Commission's (SEC) formal investigation disclosed by
the company on May 14, it received an SEC subpoena. On this
news, Cardinal fell $17.19 per share or 24.54% on July 1, 2004
to close at $52.86 per share.

For more details, contact Randall K. Pulliam, Esq. of BARON &
BUDD, P.C. by Mail: 3102 Oak Lawn Avenue, Suite 1100, Dallas, TX
75219 by Phone: 1-800-222-2766 or by E-mail: info@baronbudd.com


CARDINAL HEALTH: Stull Stull Lodges Securities Suit in S.D. OH
--------------------------------------------------------------
The law firm of Stull, Stull & Brody initiated a class action
lawsuit in the United States District Court for the Southern
District of Ohio, on behalf of all purchasers of the securities
of Cardinal Health, Inc. ("Cardinal" or the "Company")
(NYSE:CAH) between October 24, 2000 and June 30, 2004, inclusive
(the "Class Period") against Cardinal, Robert D. Walter, and
Richard J. Miller.

The complaint alleges that defendants violated Sections 10(b)
and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5
promulgated thereunder, by issuing a series of material
misrepresentations to the market between October 24, 2000 and
June 30, 2004.

More specifically, the complaint alleges that the Company failed
to disclose and misrepresented the following material adverse
facts, which were known to defendants or recklessly disregarded
by them:

     (1) that the Company manipulated various aspects of its
         accounting practices to continuously portray
         profitability to market;

     (2) that the Company held inventory for an average of two
         months, and reaped exorbitant profits from price
         inflation;

     (3) that the Company improperly accounted for the $22
         million recovered from vitamin makers accused of
         overcharging Cardinal by booking such recoveries as
         revenue when the antitrust cases had not been resolved;

     (4) that the Company's pharmaceutical distribution business
         improperly classified revenues by reporting the
         revenues as either operating revenue or revenues from
         bulk deliveries to consumer warehouses when revenues
         were not derived from such;

     (5) that as a consequence of the aforementioned practices,
         the Company's financial results were in violation of
         Generally Accepted Accounting Principles ("GAAP") and
         the Company's own accounting interpretations on revenue
         recognition;

     (6) that the Company lacked adequate internal controls; and

     (7) that the Company's earnings per share were materially
         inflated; and

     (8) that as a result of the above, the Company's financial
         results were inflated at all relevant times.

On June 30, 2004, Cardinal announced earnings per share for its
fiscal year 2004 are expected to increase approximately 11
percent, which is below prior guidance of mid-teens or better
growth. Separately, the Company announced that on June 21, as
part of the Securities and Exchange Commission's (SEC) formal
investigation disclosed by the Company on May 14, it received an
SEC subpoena. In addition, Cardinal Health has learned that the
U.S. Attorney's Office for the Southern District of New York has
commenced an inquiry that the Company understands relates to
this same subject. News of this shocked the market. Shares of
Cardinal fell $17.19 per share or 24.54 percent on July 1, 2004
to close at $52.86 per share. More than 35.5 million Cardinal
shares were traded, more than 15 times the three-month daily
average.

For more details, contact Tzivia Brody, Esq. of Stull, Stull &
Brody by Mail: 6 East 45th Street, New York, NY 10017 by Phone:
1-800-337-4983 by Fax: 212/490-2022 by E-mail: SSBNY@aol.com or
visit their Web site: http://www.ssbny.com


RED HAT: Murray Frank Lodges Securities Fraud Lawsuit in E.D. NC
----------------------------------------------------------------
The law firm of Murray, Frank & Sailer LLP initiated a class
action lawsuit in the United States District Court for the
Eastern District of North Carolina on behalf of all purchasers
of securities of Red Hat, Inc. (Nasdaq:RHAT) ("Red Hat" or the
"Company") from December 18, 2003 through July 12, 2004,
inclusive (the "Class Period").

The complaint charges that Red Hat, Matthew Szulik, and Kevin
Thompson violated the Securities Exchange Act of 1934. More
specifically, the Complaint alleges that the Company failed to
disclose and misrepresented the following material adverse
facts, which were known to defendants or recklessly disregarded
by them:

     (1) that the Company inappropriately recognized revenues
         from its subscriptions;

     (2) that as a consequence of the aforementioned practice,
         the Company manipulated its quarterly earnings as its
         net income and operating income were, at all relative
         times, materially overstated;

     (3) that the Company's financial results were in violation
         of Generally Accepted Accounting Principles;

     (4) that the Company lacked adequate internal controls; and

     (5) that the Company's financial results were materially
         and artificially inflated at all relevant times.

On July 13, 2004, Red Hat announced that it had corrected the
manner in which it recognized revenues for certain of its
subscription agreements and, as a result, would restate its
audited financial statements for the fiscal years ended February
29, 2004, February 28, 2003, and February 28, 2002, and its
unaudited financial statements for the fiscal quarter ended May
31, 2004. The news shocked the market. Shares of Red Hat fell
$4.62 or 22.70 percent per share, on July 13, 2004, to close at
$15.73 per share.

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


TOPAZ GROUP: Marc Henzel Commences Securities Suit in WA Court
--------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class
action in the United States District Court for the District of
Washington on behalf of purchasers of Topaz Group, Inc. (AMEX:
TPZ) between March 21, 2002 and August 20, 2003, inclusive.
Defendant Topaz is a vertically integrated manufacturer and
seller of fine jewelry and gemstones.  Defendants include Topaz,
Aphichart Fufuangvanich, George Pfeifer, Peter Brongers and
Timothy Matula.

The Complaint charges that defendants violated Sections 10(b)
and 20(a) of the Securities Exchange Act of 1934 and Rule 10-
b(5).  The Complaint alleges that Defendants issued a series of
false and misleading financial statements which did not comply
with generally accepted accounting principles.

Specifically, Defendants incorrectly reported Topaz' financial
position by, inter alia: overstating inventory, understating
allowances for doubtful accounts and improperly recognizing
revenue.  As a result of defendants' conduct, plaintiff and
Class members purchased Topaz shares at artificially inflated
prices and were damaged thereby.

For more details, contact Marc S. Henzel by Mail: 273 Montgomery
Ave., Suite 202, Bala Cynwyd, PA 19004 by Phone: 610-660-8000 or
888-643-6735 by Fax: 610-660-8080 or by E-Mail:
mhenzel182@aol.com


UICI: Marc Henzel Lodges Securities Fraud Lawsuit in N.D. Texas
---------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class
action in the United States District Court for the Northern
District of Texas, Dallas Division on behalf of purchasers of
UICI (NYSE: UCI) common stock during the period between January
17, 2000 and July 21, 2003.

The complaint charges UICI and certain of its officers and
directors with violations of the Securities Exchange Act of
1934. UICI is a diversified financial services company offering
financial services, health administrative services and insurance
through its various subsidiaries and divisions to niche consumer
and institutional markets.

The complaint alleges that during the Class Period, the
defendants who controlled and were senior officers of UICI,
engaged in a scheme to conceal UICI's badly flagging Academic
Management Services Corporation (AMS) division to prevent the
decline in the price.  UICI's actual financial results and the
true status of its operations were concealed by defendants,
which operated to artificially inflate or maintain the market
price of UICI shares during the Class Period.

Each of the statements issued during the Class Period was false
and misleading and misrepresented and/or failed to disclose the
following material adverse information:

     (1) that defendants knowingly tolerated UICI's inadequate
         internal accounting controls and consequently lacked
         any reasonable basis for the financial results reported
         by them;

     (2) that UICI's reported income was materially overstated
         by in excess of $65 million;

     (3) that only through UICI's accounting fraud had UICI
         achieved the earnings reported by defendants;

     (4) that the AMS division was not successful and its
         fundamentals and prospects were deteriorating; and

     (5) that UICI had failed to account for costs associated
         with liabilities resulting from its AMS program and its
         reserves were materially understated.

On July 21, 2003, UICI revealed that it would record a charge of
at least $65 million. This revelation caused trading in UICI
stock to be halted on the New York Stock Exchange and ultimately
to plummet to less than $12 per share, a decline of 45% from its
Class Period high of $21.22 per share.

For more details, contact Marc S. Henzel by Mail: 273 Montgomery
Ave., Suite 202, Bala Cynwyd, PA 19004 by Phone: 610-660-8000 or
888-643-6735 by Fax: 610-660-8080 or by E-Mail:
mhenzel182@aol.com


WASHINGTON MUTUAL: Milberg Weiss Lodges Securities Lawsuit in WA
----------------------------------------------------------------
The law firm of Milberg Weiss Bershad & Schulman LLP initiated a
class action lawsuit in the United States District Court for the
Western District of Washington at Seattle, on behalf of
purchasers of the securities and/or sellers of put options of
Washington Mutual, Inc. (the "Company") (NYSE: WM) between April
15, 2003, and June 28, 2004, inclusive (the "Class Period"),
seeking to pursue remedies under the Securities Exchange Act of
1934 (the "Exchange Act").

The complaint charges Washington Mutual, Inc., Kerry K.
Killinger, Thomas W. Casey, Deanna W. Oppenheimer, William W.
Longbrake, Craig J. Chapman, James G. Vanasek, and Michelle
McCarthy with violations of Section 10(b) and 20(a) of the
Securities Exchange Act of 1934, and Rule 10b-5 promulgated
thereunder. The complaint alleges that throughout the Class
Period, Defendants issued false and misleading statements
regarding the Company's ability to grow in the face of any
expected interest rate increases, as well as the Company's
purported financial hedging strategies. On June 29, 2004,
investors learned the truth about the Company after Defendants
issued a press release announcing a very significant earnings
and net income shortfall which far exceeded any guidance
previously sponsored and endorsed by Defendants. According to
this release, increases in interest rates had, in fact, impacted
the Company's mortgage banking business to such an extent that
earnings for the full year were revised to as low as $3.00 per
share, compared to the up to $4.80 per share guidance provided
at the inception of the Class Period. In addition, Defendants
had not properly hedged the Company's interest rate risk such
that is was now having a material adverse impact on Washington
Mutual, Inc. Following the publication of this surprising and
belated news, the Company's common shares fell to $36.50 per
share, from a closing price of $41.31 per share on June 29,
2004; a decline of nearly 12%.

For more details, contact Steven G. Schulman or Salvatore J.
Graziano by Mail: One Pennsylvania Plaza, 49th Fl., New York,
NY, 10119-0165 by Phone: (800) 320-5081 or by E-mail:
sfeerick@milbergweiss.com OR Lori G. Feldman by Mail: 1001
Fourth Avenue, Suite 2550, Seattle, WA 98154 by Phone:
(206) 839-0730 or by E-mail: lfeldman@milbergweiss.com


YUKOS OIL: Charles J. Piven Lodges Securities Lawsuit in S.D. NY
----------------------------------------------------------------
The law offices of Charles J. Piven, P.A. commenced a securities
class action on behalf of shareholders who purchased, converted,
exchanged or otherwise acquired ADRs of Yukos Oil Company (Other
OTC:YUKOY; YUKOF) (Russia:YUKO.RTS) between February 13, 2003
and October 25, 2003, inclusive (the "Class Period").

The case is pending in the United States District Court for the
Southern District of New York against defendant Yukos, one or
more of its officers and/or directors, and its accounting
advisors.

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.

No class has yet been certified in the above action.

For more details, contact the law offices of 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


YUKOS OIL: Lerach Coughlin Lodges Securities Lawsuit in S.D. NY
---------------------------------------------------------------
The law firm of Lerach Coughlin Stoia & Robbins commenced a
class action in the United States District Court for the
Southern District of New York on behalf of purchasers of the
securities of Yukos Oil Company ("Yukos") (Pink Sheets:YUKOF)
(Pink Sheets:YUKOY) (Russia:YUKO) between February 13, 2003 and
October 25, 2003 (the "Class Period").

The complaint charges Yukos, certain of its officers and
directors and its accounting advisors with violations of the
Securities Exchange Act of 1934. Yukos is one of Russia's
leading vertically-integrated oil companies, and one of the
world's largest non-state owned oil companies.

The complaint alleges that defendants created a complex network
of shell companies to evade taxes on the production, refining
and sale of oil and oil products. These shell companies were
registered in territories with preferential tax treatment to
enable these companies to receive special tax exemptions in
order to minimize Yukos' tax liability. Since these shell
companies were not separate legal entities, as Yukos maintained
control over the operations of these companies, Yukos was
required to recognize the full amount of the receipts associated
with these transactions for its own tax purposes and was not
entitled to the preferential tax treatment these shell companies
were granted. Accordingly, Yukos' tax liability was materially
understated and its earnings were materially overstated in
violation of GAAP.

Defendants' scheme began to unravel in October 2003 when the
market learned that Russian authorities had arrested the
Company's largest shareholder and CEO, defendant Mikhail
Khodorkovsky, and had charged him with fraud, embezzlement and
evading taxes on hundreds of millions of dollars that was owed
to the government. At this time, the Russian authorities also
announced that they would pursue criminal prosecutions against
other senior Yukos officials. Ultimately, Yukos, which has been
audited by the Tax Ministry of Russia for its fiscal year 2000
tax returns, will be required to pay approximately $3.3 billion
for 2000 alone due to its understatement of its tax liability,
including interest and penalties. The Tax Ministry intends to
audit Yukos' books for 2001-2003 based upon the same charges.
Yukos could ultimately be expected to pay upwards of $10 billion
to the Tax Ministry for defendants' involvement in the illegal
tax evasion scheme.

As a result of the revelation of defendants' wrongdoing,
investors have suffered massive damages as the price of Yukos'
securities plummeted. Plaintiff seeks to recover damages on
behalf of purchasers of Yukos' securities during the Class
Period (the "Class"). The plaintiff is represented by Lerach
Coughlin Stoia & Robbins LLP, which has expertise in prosecuting
investor class actions and extensive experience in actions
involving financial fraud.

For more details, contact Darren Robbins of Lerach Coughlin
Stoia & Robbins LLP by Phone: 800-449-4900 by E-mail:
wsl@lcsr.com or visit their Web site:
http://www.lcsr.com/cases/yukos/


                            *********


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.

                            *********


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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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