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             C L A S S   A C T I O N   R E P O R T E R

            Friday, September 24, 2004, Vol. 6, No. 190

                           Headlines

AMERICAN PHARMACEUTICAL: SEC Conducts Probe Over Abraxane Drug
AT&T WIRELESS: CO Judge To Approve Consumer Lawsuit Settlement
BLUEBERRY GROWERS: September Deadline Set For Settlement Claims
BOMBARDIER RECREATIONAL: Recalls 23,000 ATVs For Injury Hazard
BREAST IMPLANTS: Firms Agree To Settle DOJ Lawsuit For $11.3M

CATHOLIC CHURCH: Miami Archdiocese Settles Abuse Suits For $3.4M
COMPUTER ASSOCIATES: Reaches Settlement For SEC Securities Suit
COMPUTER ASSOCIATES: Settles Fraud Case, Admits Ex-CFO Collusion
DPL INC.: Attorney Says Settlement Checks To Be Issued Soon
EDDIE BAUER: Recalls 300 Ebtek Brand Backpacks For Injury Hazard

ENRON CORPORATION: Ex-Exec Testifies on Fraudulent Barge Deal
EXPRESS SCRIPTS: Alfred G. Yates Reminds Investors Of Deadline
GENERAL MOTORS: NHTSA Probes 1998-2004 Vans Due To Injury Hazard
HARRISON SECURITIES: Judges Fines Ex-CFO, FINOP For Violations
INGERSOLL-RAND: Faces Consumer Suit Over Faulty Kryptonite Locks

KRYPTONITE: Offers Free Upgrades, Rebates For Defective U-Lock
LEHMAN BROTHERS: Forging $220M Settlement of Enron Fraud Lawsuit
MASSACHUSETTS FINANCIAL: Mutual Fund Distribution Plan Presented
MENORAH GARDENS: FL Judge Ponders $76M SCI Cemetery Settlement
NABISCO FOODS: Recalls Mini Oreo Cookies Due To Undeclared Milk

NEW YORK: City Pays $20M To Settle NYPD Race Discrimination Suit
OCEANVIEW MANOR: Residents File NY Suit Over Withheld Allowances
PERFORMANCE INC.: Recalls 300 Handlebars Due To Injury Hazard
POLARIS INDUSTRIES: Recalls Predator 500 ATVs For Injury Hazard
SCOTLAND: 6T UK Hemophiliacs Told They May Have Mad Cow Disease

SUZUKI MOTORS: Recalls Eiger Quadrunner ATVs For Injury Hazard
UNISOURCE ENERGY: PA Fund Lodges Securities Lawsuit in AZ Court
UNITED STATES: Sexual Harassment of Teens at Work On The Rise

                         Asbestos Alert

ASBESTOS LITIGATION: Rabbi Labels Asbestos Discovery A Blessing
ASBESTOS LITIGATION: Monitoring Urged For Deutsche Bank Razing
ASBESTOS LITIGATION: Picketers Cause Trouble at Fresno High, CA
ASBESTOS LITIGATION: Experimental Surgery Gives Patient New Hope
ASBESTOS LITIGATION: TX Jury Awards US$1.4M to Mechanic's Wife

ASBESTOS LITIGATION: Unions Ask Government to Assist FM Workers
ASBESTOS LITIGATION: Out-of-State Plaintiffs Seek Illinois Judge
ASBESTOS LITIGATION: Asbestos Causes Traffic Jam in UK Street
ASBESTOS LITIGATION: Engineer Dies of Exposure to Blue Asbestos
ASBESTOS LITIGATION: Asbestos Removal at MI Museum Hits US$40M

ASBESTOS LITIGATION: Call for Asbestos Study at UK Housing Site
ASBESTOS LITIGATION: Harbor Commission Imposes Correct Removal
ASBESTOS LITIGATION: SEI to Manage Union's $45MM Pension Assets
ASBESTOS LITIGATION: Hanson Boosted by U.S. Plan to Limit Claims
ASBESTOS LITIGATION: Homes for Burns Practice Require Inspection

ASBESTOS LITIGATION: CSR and Lloyd's Reach Asbestos Lawsuit Pact
ASBESTOS LITIGATION: Insurers Fear Silica May Be "Next Asbestos"
ASBESTOS LITIGATION: Senate Hopeful Urges Park Closure for Study
ASBESTOS LITIGATION: UK Family Pleads Move from Tainted House
ASBESTOS LITIGATION: UK Solicitor Warns of Asbestos Caseload

ASBESTOS LITIGATION: CA Blocks White Asbestos From Toxic List
ASBESTOS LITIGATION: UK School Head Suspended Over Asbestos Case
ASBESTOS LITIGATION: Asbestos Cases Thrive in Madison County, IL
ASBESTOS LITIGATION: Victims' Groups Concerned About Trust Fund
ASBESTOS LITIGATION: Court Rules in Favor of St. Paul Travelers

ASBESTOS LITIGATION: Indian Cement Group Opposes Asbestos Ban
ASBESTOS LITIGATION: Japanese Govt. Settles Yokosuka Base Suit
ASBESTOS LITIGATION: Kiwis Seek Victory for Hardie Test Lawsuit
ASBESTOS LITIGATION: Asbestos Sheets in Meath Bog Alert Irishmen
ASBESTOS LITIGATION: James Hardie Faces Criminal Fraud Charges

ASBESTOS LITIGATION: Rio Hondo, TX to Replace Asbestos Pipelines
ASBESTOS LITIGATION: AU Union Urges Stores to Put Up Alert Signs
ASBESTOS LITIGATION: Medical Study Calls for Community Concern
ASBESTOS LITIGATION: NH Foreman Pleads Guilty in Hotel Lawsuit
ASBESTOS ALERT: Arizona Retiree Files Federal Suit Over Asbestos

ASBESTOS ALERT: MA Abatement Contractor Fined Over Violations
ASBESTOS ALERT: New Zealand Mormon Church Faces Some Violations
ASBESTOS ALERT: Brazil's Victims Win GBD90MM Payout from Eternit
ASBESTOS ALERT: NESCO Charged With Violations of Clean Air Act

                 New Securities Fraud Cases

CARDINAL HEALTH: Marc Henzel Launches Securities Suit in S.D. NY
CERIDIAN CORPORATION: Marc Henzel Lodges Securities Suit in MN
CONCORD CAMERA: Vianale & Vianale Files Securities Lawsuit in FL
EXPRESS SCRIPTS: Marc Henzel Lodges Securities Suit in E.D. MO
INTERACTIVECORP: Schiffrin & Barroway Lodges NY Securities Suit

MAXIM PHARMACEUTICALS: Schatz & Nobel Lodges CA Securities Suit
PETMED EXPRESS: Murray Frank Lodges Securities Fraud Suit in FL
RADIATION THERAPY: Brian M. Felgoise Files Securities Suit in FL
RADIATION THERAPY: Charles J. Piven Lodges Securities Suit in FL
THORATEC CORPORATION: Murray Frank Lodges Securities Suit in CA

                         *********


AMERICAN PHARMACEUTICAL: SEC Conducts Probe Over Abraxane Drug
--------------------------------------------------------------
American Pharmaceutical Partners (APPX) faces a United States
Securities and Exchange Commission probe over whether the
Company misled investors about the progress and other issues
related to its Abraxane breast-cancer drug, people close to the
matter told The Wall Street journal.

The inquiry was launched late last year and is in its
preliminary stages.  Investigators are speaking with people who
have worked with the Company, or are familiar with the company's
trial for Abraxane.  The probe hasn't been taken to SEC
commissioners for approval as a formal investigation.

American Pharmaceutical, which has a $2.2 billion market value,
is a publicly traded subsidiary of closely held American
BioSciences. Debate has long surrounded the company and its
chairman, chief executive officer and president, Patrick Soon-
Shiong. Fans on Wall Street say American Pharmaceutical's
promising generic-drug business makes its stock attractive, and
blame criticism of the company on a sizable group of "short
sellers," or investors betting that the stock falls in value,
the Wall Street Journal reports.

Company officials told WSJ they couldn't comment due to a class
action suit pending in the U.S. District Court for the Northern
District of Illinois in which some shareholders allege that the
company made misrepresentations to investors.  The company has
entered a motion to dismiss the suit; the motion is pending.
American Pharmaceutical has noted that four of its seven
directors are independent, and that all transactions between the
company and American BioSciences are done at arm's length.


AT&T WIRELESS: CO Judge To Approve Consumer Lawsuit Settlement
--------------------------------------------------------------
Denver District Court Judge Herbert Stern indicated his
inclination to approve the settlement of a 5-year-old class
action against AT&T Wireless, at the end of a four-hour final
hearing, the Rocky Mountain News reports.

The proposed settlement, which will be decided upon by the judge
within the next 10 days, would give plaintiff attorneys
representing 3 million prospective class members up to $3.75
million, including $750,000 in out-of-pocket expenses.  In
essence most class members, the average benefit per subscriber
won't exceed $3 and requires filing a claim, while former and
current AT&T Wireless subscribers would get calling cards, free
airtime or coupons.

One former AT&T customer from Pennsylvania wrote to the judge
complaining that a calling card is "worthless" under his current
long-distance plan.  The customer, a certain Joseph Mazur wrote
to the judge that the only benefactors I can see in this
settlement are the attorneys, who I am sure are accepting only
cash and not extra airtime, accessories, or a calling card.

During the hearing attorney Ben Bingham pointed out that 75
percent of eligible consumers didn't receive direct notice of
the settlement.  However, to reach remaining class members who
weren't part of that particular rate plan, plaintiff attorneys
ran one-day advertisements in The Wall Street Journal and USA
Today.

Attorney Robert Hill, head of the lead plaintiff law firm Hill &
Robbins, which served as class counsel, defended the "cashless"
consumer settlement as fair and reasonable when weighed with the
risks of going to trial. He added that turning down so many
settlement offers before the proposed settlement that was
reached in April woke him up at night with questions about his
legal strategy.

AT&T defense attorney Michael O'Donnell said the carrier
vigorously contested claims that its delayed or out-of-cycle
billing for roaming calls violated customer contracts.

The breach-of-contract complaint alleges the delayed bills
created roaming call charges that subscribers wouldn't have
incurred if the calls had been billed in the month they were
actually placed.


BLUEBERRY GROWERS: September Deadline Set For Settlement Claims
---------------------------------------------------------------
Maine's wild blueberry growers only have until Saturday,
September 25, 2004 to claim their share in the $5 million
antitrust settlement forged by three processing companies, found
guilty of price fixing ten months ago, Bangor Daily News
reports.

The suit, filed in Knox County Superior Court, alleges that the
defendants conspired to keep low the field prices they paid to
Maine's 500 growers from 1996 to 1999.  The growers believed the
processors shortchanged them, to get higher profits, an earlier
Class Action Reporter story (February 2, 2004) reports.

In December, the court found the defendants guilty of antitrust
charges.  Judge Jabar ordered the defendants to pay the growers
$56 million in damages, and the processors appealed the decision
to the Maine Supreme Judicial Court.  Settlement negotiations
ensued between the parties in the suit.

Merrill's Blueberry Farms of Ellsworth, settled for $85,000 in
advance of the 10-day trial last November.  In February,
Cherryfield Foods and Jasper Wyman agreed to settle with the
growers under a deal worked out with a state mediator.
Cherryfield agreed on a $2.5 million settlement, and Jasper
Wyman agreed to a $1.5 million settlement.  In June 2004,
Allen's Blueberry Freezer of Ellsworth agreed to pay $1 million.

About 500 growers received letters earlier this summer detailing
the terms of the settlement and how they can receive payments
for berries they sold to the processors between the 1996 and
1999 seasons.  How much each grower gains back for underpayments
depends on how many growers return paperwork that supports their
sales volumes from those years.

The Allen's segment of the settlement is still being completed,
William Robitzek, the Lewiston attorney who has represented
growers since the start of the case, told Bangor Daily News.
"We will submit the documents soon, and then the judge will set
hearing dates," Robitzek said of Allen's late agreement to pay
$1 million, half of it upfront.

The settlements had been intended to return trust and goodwill
to the relations among growers and processors that had been
strained by the lawsuit.  While farmers and companies went back
to business last spring, longtime ties remained tested by the
divisions in the marketplace.

The settlements, and new price structures set out by both
Cherryfield Foods and Wyman's, are meant to achieve minimum
prices that growers will be paid over the next four years.
However, while the agreements are set on paper, relationships
have not rebounded to what they have been in the past.

The upshot is that several growers from Waldo County to
Washington County are meeting on Thursday in Ellsworth to
discuss the possibility of setting up a processing co-op of
their own.  The growers who are expected to attend represent
acreage that produces about 12 million pounds of berries
annually, said one of the meeting's organizers.

A number of business specialists will make presentations to the
growers. They include Milton Ross of the U.S. Department of
Agriculture Service Center in Presque Isle and James McConnon, a
business development specialist at the University of Maine
Cooperative Extension in Orono.


BOMBARDIER RECREATIONAL: Recalls 23,000 ATVs For Injury Hazard
--------------------------------------------------------------
Bombardier Recreational Products, Inc. of Valcourt, Quebec,
Canada is cooperating with the U.S. Consumer Product Safety
Commission by voluntarily recalling about 23,000 ATVs for
accident, injury hazard.

The recalled items include Bombardier 2003 Traxterr MAX; 2004
Traxter, Traxter MAX, QuestT and Quest MAX; 2005 Traxter 5SP,
5SP MAX, CVT and CVT MAX vehicles and all-terrain vehicles
(ATVs).  Some John Deere Buck, Buck EX, Buck EXT, Trail Buck,
Trail Buck EX and Trail Buck EXT, and Buck 500 Auto ATVs are
also included.  John Deere branded units were distributed by
Deere & Company of Moline, Illinois.

The Front brake hose can be pulled out of its retaining brackets
on either side of the ATV by foreign objects.  This can cause
the brake hose to wear by rubbing on the inner wheel or shock
absorber spring seat, ultimately causing a brake fluid leak
resulting in a complete loss of front braking capacity.  This
can lead to an increase in the braking distance and possible
collision with bystanders, fixed objects, or other vehicles,
causing serious injury or death.

The 2003, 2004, and 2005 year models of "Traxter," "Traxter
MAX," and "Quest" Bombardier ATVs are involved in this recall.
In addition, the 2005 year models of "Buck" and "Trail Buck"
John Deere ATVs are involved in the recall.  These 4-wheel ATVs
are red, green, yellow, or black in color.

Recalled models are (model year, model name, model number):

     (1) 2003 Traxter MAX 712, 7751, 7758

     (2) 2004 Traxter & Traxter MAX Quest & Quest MAX  7762,
         7763, 7764, 7766, 7767, 7768, 7769, 7772, 7774, 7776,
         7777, 7778, 7784, 7792, 7793, 7796, 7903, 7909, 7911,
         7912, 7913, 7914, 7916, 7917, 7919, 7920, 7921, 7922,
         7923, 7924, 7925, 7927, 7940, 7944, 7950, 7952, 7953,
         7955, 7957, 7959, 7962, 7976, 7977, 8117, 8128, 8129,
         8132, 8133, 8134, 8135, 8140

     (3) 2005 Traxter 5SP Traxter 5SP MAX Traxter CVT Traxter
         CVT MAX  1A5A, 1A5B, 1A5D, 1B5A, 1B5B, 1C5B, 1D5A,
         1D5C, 1E5A, 1E5B, 1E5E, 1F5A, 1G5A, 1H5A, 1J5A, 1K5A,
         1L5A, 1L5B, 1M5A, 1N5A, 1M5B, 1P5A, 1P5B, 1R5A, 1R5D,
         1S5A, 1S5D, 1T5A, 1U5A

     (3) JOHN DEERE 2005 Buck M0FGTA501001 through
         M0FGTA5021235,

     (4) JOHN DEERE Buck EX M0FFTA5010001 through M0FFTA5020929,

     (5) JOHN DEERE Buck EXT M0FGTD502001 through M0FGTD5021163,

     (6) JOHN DEERE Trail Buck 500 M0GFVC5010001 through
         M0GFVC5020650

     (7) JOHN DEERE Trail Buck 650 M0GGVD5010001 through
         M0GGVD5020775

     (8) JOHN DEERE Trail Buck 650 EX M0GGVC501001 through
         M0GGVC5020775

     (9) JOHN DEERE Trail Buck 650 EXT M0GKTA501001 through
         M0GKTA5020975

    (10) JOHN DEERE Buck 500 Auto M0GKVC501001 through
         M0GKVC5021080

Bombardier dealers sold these ATVs nationwide from October 2002
through September 2004 for $6,199 to $8,399.  John Deere dealers
sold their ATVs nationwide from March 2004 through September
2004 for $6,499 to $7,799.

For more details, contact the Company by Phone: (888) 864-2002
from 8:00 a.m. to 6:00 p.m. ET Monday through Friday, or Call
John Deere by Phone: (800) 537-8233 from 8 a.m. to 7 p.m. ET
Monday through Friday, and between 9 a.m. and 5:30 p.m. ET
Saturday.


BREAST IMPLANTS: Firms Agree To Settle DOJ Lawsuit For $11.3 Mil
----------------------------------------------------------------
Several makers of silicone breast implants agreed to settle a
lawsuit filed by the United States Department of Justice for
$11.3 million, as medical reimbursement for women injured by
their products, anti-implant advocacy group Command Trust
announced, according to the Associated Press.

Command Trust announced that Bristol-Myers Squibb Co., Baxter
International Inc.'s healthcare unit, 3M Co., Dow Chemical Co.'s
Union Carbide Corp. unit and others are participating in the
settlement.  The group added the government will receive
reimbursement, as Inamed Corporation and Mentor Corporation seek
marketing approval for their breast- implant products.  A
Department of Justice representative confirmed the settlement.

Silicone breast implants have been banned since 1992, AP
reports.  In January, the Food and Drug Administration rejected
Inamed's filing to sell silicone implants, contradicting the
advice of the agency's expert panel.

Spokespeople for Baxter Healthcare, of Deerfield, Ill., and
Inamed, a maker of cosmetic surgery products based in Santa
Barbara, Calif., declined to comment on the settlement,
according to AP.  Baxter never made silicone breast implants
itself, but acquired liability for the devices through its 1985
merger with American Hospital Supply Corporation.

Inamed has filed the additional data requested by the Food and
Drug Administration, and is continuing to work with the agency
in seeking approval for its product, the company said, AP
states.


CATHOLIC CHURCH: Miami Archdiocese Settles Abuse Suits For $3.4M
----------------------------------------------------------------
The Archdiocese of Miami in Florida agreed to settle 23 sexual
abuse lawsuits filed since 2002 for $3.4 million, the
plaintiffs' lawyer announced, according to the Associated Press.

Attorney Jeffrey Herman said that the settlement, which range
from $75,000 to $5000,000, concludes all 23 negligence lawsuits
he filed on behalf of more than half of the about 40 former
altar boys and other youths who were allegedly sexually abused
by Catholic priests.  The cases implicated 10 South Florida
priests, who were put on administrative leave or resigned.

"The settlements are long overdue validation and vindication for
the victims," Mr. Herman said, according to AP.

The settlements were not an admission of guilt, archdiocese
spokeswoman Mary Ross Agosta said.  "What it does do is bring to
conclusion these events so that the church can continue to move
on in a financially responsible way and the alleged victims can
continue with their healing," she said, AP reports.


COMPUTER ASSOCIATES: Reaches Settlement For SEC Securities Suit
---------------------------------------------------------------
Computer Associates International, Inc. reached a settlement for
the securities fraud charges filed against it by the Securities
and Exchange Commission.  The charges also name three of the
company's former top executives:

     (1) Sanjay Kumar, former CEO and Chairman,

     (2) Stephen Richards, former Head of Sales, and

     93) Steven Woghin, former General Counsel

The SEC alleges that from 1998 to 2000, Computer Associates
routinely kept its books open to record revenue from contracts
executed after the quarter ended in order to meet Wall Street
quarterly earnings estimates.  In total, Computer Associates
prematurely recognized $2.2 billion in revenue in FY2000 and
FY2001 and more than $1.1 billion in premature revenue in prior
quarters.  In addition, Computer Associates, through former
executives Kumar, Richards and Woghin and others, obstructed the
SEC's investigation into the company's accounting practices.

The Commission's complaint against Computer Associates alleges
that, based on this conduct, the company violated Section 17(a)
of the Securities Act of 1933, Sections 10(b), 13(a),
13(b)(2)(A) and 13(b)(2)(B) of the Securities Exchange Act of
1934 and Rules 10b-5, 12b-20, 13a-1 and 13a-13 thereunder.

The Commission's complaints against defendants Kumar, Richards
and Woghin allege that, based on this conduct, they violated
Section 17(a) of the Securities Act, Sections 10(b) and 13(b)(5)
of the Exchange Act, and Rules 10(b)-5 and 13b2-1 thereunder.
The complaints further allege that under Section 20(e) of the
Exchange Act, Kumar, Richards and Woghin aided and abetted
Computer Associates' violations of Sections 10(b), 13(a),
13(b)(2)(A), and 13(b)(2)(B) of the Exchange Act and Rules 10b-
5, 12b-20, 13a-1 and 13a-13 thereunder.

The Company has agreed to settlements with the SEC and the
Justice Department in which the company will pay $225 million in
restitution to shareholders and will make reforms to its
corporate governance and financial accounting controls.  Woghin
has agreed in a partial settlement to a permanent injunction and
officer and director bar with monetary sanctions to be decided
at a later point.

The SEC's complaints, filed in the United States District Court
for the Eastern District of New York, allege as follows:

     (1) With no regard for generally accepted accounting
         principles (GAAP) or their financial reporting
         obligations, the defendants manipulated Computer
         Associates' quarter end cutoff to align Computer
         Associates' reported financial results with market
         expectations;

     (2) During the period from at least January 1, 1998,
         through September 30, 2000, Computer Associates
         prematurely recognized over $3.3 billion in revenue
         from at least 363 software contracts that Computer
         Associates, its customer, or both parties, had not yet
         executed, in violation of GAAP;

     (3) Executives, including defendants Kumar, Richards, and
         Woghin, held Computer Associates' books open for
         several days after the end of each quarter to
         improperly record in that quarter revenue from
         contracts that were not executed by customers or
         Computer Associates until several days or more after
         the expiration of the quarter.  As a result of this
         improper practice, Computer Associates made material
         misrepresentations and omissions about its revenue and
         earnings in SEC filings and other public statements.
         For example, in the first, second, third and fourth
         quarters of FY2000, respectively, Computer Associates
         inflated its properly recorded revenue by approximately
         25%, 53%, 46%, and 22% by improperly including
         prematurely recognized revenue;

     (4) After Computer Associates substantially refrained from
         recognizing revenue prematurely from contracts that its
         customers had signed after quarter end during the first
         quarter of its fiscal year 2001, the company missed its
         earnings estimate and Computer Associates' stock price
         dropped over 43% in a single day;

     (5) Computer Associates continued the improper practice of
         improperly recognizing revenue from contracts that
         Computer Associates signed after quarter end through
         the fiscal quarter ending September 30, 2000;

Kumar and Richards orchestrated Computer Associates' fraud by,
among other things, deciding with other executives to hold open
the company's books until it had enough revenue to meet Wall
Street expectations.  Woghin furthered Computer Associates'
fraud by, among other things, approving backdated contracts.
Kumar and Woghin also each signed Commission filings that they
knew, or were reckless in not knowing, were materially false and
misleading.

Without admitting or denying the Commission's allegations,
Computer Associates has consented to a judgment enjoining it
from future violations of the securities laws and requiring it
to undertake certain reforms.   Computer Associates, as part of
the global settlement, also entered into a deferred prosecution
agreement with the USAO requiring Computer Associates to pay
$225 million to injured shareholders.

Woghin has consented to a partial judgment imposing the
injunctive relief sought by the Commission.  The Commission's
claims for disgorgement and civil penalties against Woghin, and
all of its claims against the other individual defendants,
remain pending.  The SEC's investigation is also continuing.

The SEC acknowledges the assistance and cooperation of the
United States Attorney's Office for the Eastern District of New
York and the Federal Bureau of Investigation in this matter.
The suit is styled "SEC v. Computer Associates International,
Inc., 04 Civ. 4088 (E.D.N.Y.)(Glasser, I.L.);" and "SEC v.
Sanjay Kumar and Stephen Richards, 04 Civ. 4104
(E.D.N.Y.)(Glasser, I.L.);" and "SEC v. Steven Woghin, 04 Civ.
4087 (E.D.N.Y.)(Glasser, I.L."


COMPUTER ASSOCIATES: Settles Fraud Case, Admits Ex-CFO Collusion
----------------------------------------------------------------
In a bid to conclude a two-year-long accounting fraud probe by
federal regulators, Computer Associates International, Inc.
revealed a settlement and at the same time admitting that former
chief executive Sanjay Kumar was part of a scheme to back-date
contracts, the Australian Financial Review reports.

The former CEO, who recently left his position, is facing a 10-
count indictment filed in Brooklyn Federal District Court, with
charges that included securities fraud and obstruction of
justice. Other charges were his act of keeping the company's
books open at the end of a quarter so he could include business
deals signed after the period's end and with trying to cover up
the practice.

Former head of sales Stephen Richards was also indicted as well
as former general counsel Steven Woghin, who pleaded guilty to
charges of securities fraud and obstruction of justice, for his
hand in the scheme.

The settlement calls on CA to pay $US225 million ($319 million)
to former and current shareholders who lost money because of the
fraud. The company also will issue 5.7 million shares valued at
about $US144 million to shareholders involved in several class-
action lawsuits.

The settlement also requires CA to appoint at least two
additional independent directors, reorganize its finance and
audit departments by adding at least five audit employees,
strengthen its ethics program, establish a compliance committee
of the board and appoint an independent examiner to review
company policies for posting contracts.

If CA manages to complete the 18-month monitoring period set
forth in the settlement then charges against it will be
dismissed.

According to documents filed in court, CA's fraud went as far
back as the fourth quarter of 1998 to the second quarter of
2001, during that period the company prematurely recognized more
than $US3.3 billion in revenue from at least 363 contracts
signed after a quarter's close. One company official stated that
the scheme went undiscovered due to very skillful efforts like
making use of obfuscation and lies, to keep it from auditors and
the board. Inside the company, the practice was referred to as
the "35-day month", "three-day window", or "flash period" during
which the company could book extra contracts.

The court documents further state that certain officials and
executives then went through procedures for "cleaning up" copies
of the backdated sales agreements before turning them over to
outside auditors, the documents state.

Upon the announcement of the settlement, Interim chief executive
Kenneth Cron told the Australian Financial Review that the
agreement was reasonable and appropriate and that "it allows the
company to turn the page and start a new chapter."


DPL INC.: Attorney Says Settlement Checks To Be Issued Soon
-----------------------------------------------------------
DPL Inc. shareholders, who expected to receive class-action
settlement checks in August, may now acquire them within 10
days, Cincinnati attorney James Cummins told the Dayton Daily
News.

Mr. Cummins along with partner Stanley Chesley negotiated a
$145.5 million shareholder settlement with DPL, which is the
holding company for the Dayton Power and Light Co. last year,
said the complex calculations for the individual payouts are now
being processed. Fifth Third Bank has been designated as the
claims administrator.

Mr. Chesley said that he, Mr. Cummins and other plaintiffs'
attorneys already have been paid their $34.4 million in fees and
that the only thing left to do is to distribute the checks among
the approximately 90,000 shareholders included in the
settlement.

The shareholder class-action lawsuits started in 2002 when DPL
shares plunged nearly 30 percent in one day after the company
cut earnings estimates due to poor results from its $1 billion
investment portfolio.

Shareholders who bought DPL common stock between October 15,
1998, and August 14, 2002, are eligible for payments from the
$110 million federal escrow account. To be eligible for payments
from the $30 million state account, shareholders must have owned
DPL common stock on October 14, 1998, and held it continuously
through August 15, 2002.


EDDIE BAUER: Recalls 300 Ebtek Brand Backpacks For Injury Hazard
----------------------------------------------------------------
Eddie Bauer, Inc. is cooperating with the United States Consumer
Product Safety Commission by voluntarily recalling about 300
units of the Ebtek Brand Backpack with Stool, manufactured by
Kanaan Co., Ltd., of Seoul, Korea.

The stool could collapse and cause the person using the stool to
fall.  The stool does not meet the firm's strength requirements.
No incidents or injuries have been reported.

The item is a small, crossed leg, folding stool that stows in an
outside pocket of the backpack.  The stool has a metal frame and
a fabric seat.  This recall includes units manufactured between
February 2004 and March 2004.  The Eddie Bauer Web site and
catalog sold these items from April 2004 through June 2004 for
about $100.

Known purchasers have received notification of this recall via a
recall notice letter.  Consumers should stop using the stool and
contact Eddie Bauer to arrange for postage paid return.  They
need only return the stool and may keep the backpack.  Consumers
will receive a full refund and an additional $20 gift
certificate for their next purchase of merchandise from Eddie
Bauer stores, catalog or Web site.

For more details, contact Eddie Bauer by Phone: (800) 414-8119,
ext. 6559 between 6 a.m. and 5 p.m. PT Monday through Friday.


ENRON CORPORATION: Ex-Exec Testifies on Fraudulent Barge Deal
-------------------------------------------------------------
A former Enron Corporation executive testified before Houston,
Texas court yesterday, saying that the energy giant engaged in a
fraudulent sale of equity in three barges to Merrill Lynch & Co.
in late 1999, the Associated Press reports.

Executive Amanda Colpean testified that she was among 11
executives who signed a "deal approval sheet" for the barge
transaction that was repeatedly identified as a sale.  Ms.
Colpean said that the document didn't state that the Company
would buy back Merrill's equity in the barges within six months,
which made the deal a loan rather than a sale.

Six former Enron executives are on trial for conspiracy and
fraud.  Named in the suit are:

     (1) Sheila Kahanek, former in-house accountant;

     (2) Daniel Bayly, former chairman of investment banking for
         Merrill Lynch;

     (3) Robert S. Furst, the former Enron relationship manager
         for Merrill Lynch, who answered to Mr. Bayly;

     (4) James A. Brown, former head of Merrill Lynch's asset
         lease and finance group;

     (5) William Fuhs, former Merrill Lynch vice president who
         answered to Mr. Brown; and

     (6) Dan Boyle, a former finance executive on former finance
         chief Andrew Fastow's staff

Prosecutors allege Enron Corporation wrongly booked a $12
million pretax profit because the energy company had promised to
sell or buy back Merrill Lynch's equity in the barges within six
months - meaning the brokerage was never at risk of losing any
money and its investment was a loan.

The six barge defendants each face one count of conspiracy and
two counts of wire fraud.  In addition, Mr. Brown, Mr. Fuhs and
Mr. Boyle each face charges of lying to either a grand jury, the
FBI or a congressional investigator about whether they knew of
the alleged secret buyback deal.

Ms. Colpean was a former Enron employee, positioned above Ms.
Kahanek and below Mr. Boyle in the corporate hierarchy.  She
testified that Ms. Kahanek yelled at her for drafting a document
that outlined the barge agreement.

"She told me I had jeopardized the deal by putting certain
information in the document and that if it fell into the hands
of" outside auditors "the deal was over," Amanda Colpean said,
according to AP.  Ms. Kahanek allegedly told her to destroy the
document and re-write it but Ms. Colpean refused, telling Ms.
Kahanek to do it herself.

Ms. Kahanek's attorney, Dan Cogdell, told jurors in his opening
statement that Colpean was above Kahanek in Enron's corporate
hierarchy and that Kahanek was a "bit player" compared to
Colpean and others who signed off on deals, including the barge
deal, AP states.

Assistant U.S. Attorney John Hemann told jurors the buyback
promise made the deal a sham, but the Merrill Lynch defendants
helped push it through in hopes of securing more lucrative
banking business from Enron.  "Enron essentially set up a 'pay
to play' business," Mr. Hemann said, according to AP, "and
Merrill Lynch wanted a piece of this business."

Attorneys for six defendants on trial for conspiracy and fraud -
four former Merrill Lynch executives and two former midlevel
Enron executives - say Enron had no real obligation to buy
anything back, so Merrill Lynch's investment was at risk. Also,
none of the defendants had final say on whether the deal was
done.

Former Enron finance chief Andrew Fastow, who became the
government's most high-profile cooperating witness when he
pleaded guilty to conspiracy in January, kept the buyback
promise in June 2000. LJM2, a partnership controlled by Enron
and run by Fastow, bought Merrill Lynch's interest in the barges
at a premium.

The barge deal is not among the financial machinations that
pushed Enron into bankruptcy in 2001, but prosecutors contend it
illustrates Enron's willingness to bend or break accounting
rules to meet lofty earnings targets.

In opening statements, the defense attorneys said the secret
side deal wasn't secret at all, and none of the defendants
thought they were doing anything wrong, AP reports.  Mr. Boyle's
attorney, William Rosch, took further pains to distinguish Boyle
from Mr. Fastow and other more high-profile senior Enron
managers, noting, "Some people refer to these folks as 'The
Sopranos.'"


EXPRESS SCRIPTS: Alfred G. Yates Reminds Investors Of Deadline
--------------------------------------------------------------
The law office of Alfred G. Yates Jr., PC, which filed a class
action lawsuit in the United States District Court for the
Eastern District of Missouri on behalf of purchasers of Express
Scripts, Inc. ("Express Scripts") (Nasdaq:ESRX) publicly traded
securities during the period between October 29, 2003 and August
3, 2004 (the "Class Period"), reminds investors that those who
wish to serve as lead plaintiff must move the Court no later
than October 4, 2004.

The complaint charges Express Scripts and certain of its
officers and directors with violations of the Securities
Exchange Act of 1934. Express Scripts is one of the largest
Pharmacy Benefit Management ("PBM") companies in North America
providing PBM services to members through facilities in eight
states and Canada. Express Scripts serves thousands of client
groups, including managed care organizations, insurance
carriers, third-party administrators, employers and union-
sponsored benefits plans.

The complaint alleges that during the Class Period, defendants
caused Express Scripts' shares to trade at artificially inflated
levels through the issuance of false and misleading statements
and other illegal practices, including its improper practice of
changing patients' medications. Ultimately, Express Scripts
disclosed a number of investigations into those improper
practices, recorded additional litigation reserves of $15
million and the Company was sued by the New York Attorney
General. The New York Attorney General lawsuit alleged that
Express Scripts conducted an elaborate scheme that inflated by
millions of dollars the costs of prescription drugs to New York
state's largest employee health plan, the Empire Plan. The
lawsuit alleged that Express Scripts:

     (1) "(e)nriched itself at the expense of the Empire Plan
         and its members by inflating the cost of generic
         drugs;"

     (2) "diverted to itself millions of dollars in manufacturer
         rebates that belonged to the Empire Plan;"

     (3) "(e)ngaged in fraud and deception to induce physicians
         to switch a patient's prescription from one prescribed
         drug to another for which Express Scripts received
         money from the second drug's manufacturer;"

     (4) "(s)old and licensed data belonging to the Empire Plan
         to drug manufacturers, data collection services and
         others without the permission of the Empire Plan and in
         violation of the State's contract;" and

     (5) "(i)nduced the State to enter into the contract by
         misrepresenting the discounts the Empire Plan was
         receiving for drugs purchased at retail pharmacies."

On the news of these investigations, Express Scripts stock fell
to $62.48 compared to a Class Period high of $79.81.

For more details, contact Alfred G. Yates, Jr. by Phone:
800/449-4900 or by E-mail: yateslaw@aol.com


GENERAL MOTORS: NHTSA Probes 1998-2004 Vans Due To Injury Hazard
----------------------------------------------------------------
The National Highway Traffic Safety Administration (NHTSA)
launched an investigation into General Motors Corporation
minivans, after receiving reports of people being injured by
automatic sliding doors, the Associated Press reports.

The investigation includes vans from the 1998 to 2004 model
years.  The vehicles involved are Chevrolet Venture, Oldsmobile
Silhouette, Pontiac Transport and Pontiac Montana minivans with
optional power sliding doors.

The NHTSA received 19 complaints that people were injured
because they were holding the handle of the sliding door when it
started moving and their elbows were crushed against the back of
a seat.  In 13 cases, the force of the door was strong enough to
break bones, NHTSA said, AP reports.

GM spokesman Jim Schell said the company is cooperating with the
investigation, AP states.  He said 1.12 million Venture,
Silhouette, Transport and Montana minivans are on the road, and
the company is trying to determine how many have optional power
doors.


HARRISON SECURITIES: Judges Fines Ex-CFO, FINOP For Violations
--------------------------------------------------------------
An Administrative Law Judge has issued an Initial Decision in
Harrison Securities, Inc., Admin. Proc. No. 3-11084. The Initial
Decision finds that Harrison Securities, Inc. (Harrison),
willfully violated Securities Exchange Act of 1934 (Exchange
Act) Section 15(c)(3) and Rule 15c3-1(a) by operating without
sufficient net capital and willfully violated Exchange Act
Section 17(a)(1) and Rules 17a-3(a), 17a-4(a) and (f), and 17a-
5(a) by filing inaccurate FOCUS reports and by failing to create
and preserve current, accurate books and records. The Initial
Decision also finds that Harrison willfully violated Exchange
Act Section 17(a)(1) and Rule 17a-11(b) and (d) by failing to
file timely notices of its net capital deficiencies and of its
failure to keep current, accurate books and records.

Additionally, the Initial Decision finds that Frederick C.
Blumer (Blumer), Harrison's chief executive officer, willfully
aided and abetted and caused all of Harrison's violations, and
that Nebrissa Song (Song), Harrison's financial and operations
principal (FINOP), caused Harrison's violations of Exchange Act
Sections 15(c)(3) and 17(a)(1) and Rules 15c3-1(a), 17a-3(a),
17a-5(a), 17a-11(b) and (d) during the term of her employment as
FINOP.

The Initial Decision orders Harrison, Blumer, and Song to cease
and desist from committing or causing their securities
violations. It also bars Blumer from association with any broker
or dealer, orders Harrison and Blumer to pay civil penalties of
$400,000 and $120,000, respectively, and bars Blumer from
appearing and practicing before the Securities and Exchange
Commission as an accountant.


INGERSOLL-RAND: Faces Consumer Suit Over Faulty Kryptonite Locks
----------------------------------------------------------------
Ingersoll-Rand faces a class action filed by Southern California
tort lawyer Mike Bomberger and his firm Estey & Bomberger, LLP
on behalf of consumers who purchased bike or tool locks that
have a cylindrical lock mechanism that can be opened with a Bic
pen, the BikeBiz.com reports.

The suit presents claims on behalf of thousands of cyclists and
others who have purchased locks from Kryptonite and Ingersoll-
Rand retailers during the past last four years. The suit seeks
restitution and replacements for the defective locks. Some
recent Internet cycling articles regarding the situation have
suggested Kryptonite may have been aware of this problem as
early as 1992 (http://www.bikebiz.co.uk/daily-
news/article.php?id=4659). The suit further alleges that
manufacturers knew of the problem but continued to sell the
defective locks.

Attorney Mike Bomberger, who is himself an avid cyclist said
that his firm is in the process of installing a link on their
website (http://www.estey-bomberger.com)to answer questions and
gather information from potential claimants, which should be up
and running very soon.

John Stuart Clark, author of the 1992 article referenced in the
first BikeBiz.com story on the Kryptonite-Bikeforum.net saga,
said he's surprised the security issue wasn't resolved following
his article.

In his original article (New Cyclist, October 1992), Mr. Clark
had been shown how to crack, blow, bust and jack into all manner
of locks by three professional thieves. "Smarmy Dick", a
reformed thief, said his record at smashing into two u-locks and
walking away with a top-end, stolen-to-order bicycle was 25
seconds.

According to "Smarmy Dick", thieves usually prefer strong-arm
lock busting techniques but "on quiet nights tinker away with
the shafts of felt tip pens and the hooks of crochet
needles...researching the quickest, quietest and surest method
of release." Mr. Stuart Clark did not go into great detail about
the 'Bic method' in his article.  However, Kryptonite products
were not mentioned in the 1992 article.

The action is titled, Krystle Rose Moore v. Ingersoll-Rand
Company et al San Diego Superior Court Case No. GIC836108.

For more details, contact Estey & Bomberger, LLP by Mail: 2869
India Street, San Diego, California 92103 by Phone: 619-295-0035
by Fax: 619-295-0172 or visit their Web site: http://www.estey-
bomberger.com


KRYPTONITE: Offers Free Upgrades, Rebates For Defective U-Lock
--------------------------------------------------------------
Bike lock maker Kryptonite offered customers free upgrades or
rebates, following the disclosure that its famous U-lock can be
opened by a ballpoint pen, the Associated Press reports.

Thieves can open the Kryptonine U-Locks with a hollow shaft of a
Bic pen, due to a design flaw.  The pens can beat the tubular
cylinders used in some Kryptonite locks, including the Evolution
and KryptoLok series.

New York City bike shop manager Ismael Torres took the flawed
locks off the shelf the minute he read about the problem -
though he is still selling Kryptonite's "New York" lock.  The
problem could cost Kryptonite his business, he told AP.  "I kind
of don't trust this manufacturer now," said Torres, who works
for Gotham Bikes in downtown Manhattan.

Aside from the rebates, the company also said it was upgrading
the locks to a disc-style cylinder that's pen-proof and already
used in its top-of-the-line "New York" lock.  A spokeswoman said
full details would be available on the company Web site by
Wednesday.

Paul Dickard, a spokesman for Kryptonite's parent company,
Ingersoll-Rand, said Kryptonite executives were working
diligently to ease customer and dealer concerns but did not
expect the problem to affect earnings, AP reports.  Kryptonite
products account for less than 1 percent of the $10 billion in
annual sales at Ingersoll-Rand, which makes other security
products, such as door locks.  "It's a fairly small business,
but an important business in terms of the community it serves,"
Mr. Dickard said.

Attorney Marc Weber Tobias, a security expert, said Kryptonite
already had technology that is pen-proof, and it should have
been used in all the locks.  "God forbid they should have
figured it out earlier," Mr. Tobias, who notes the company will
face claims from people who will say their bikes were stolen
because of the faulty locks, told AP.


LEHMAN BROTHERS: Forging $220M Settlement of Enron Fraud Lawsuit
----------------------------------------------------------------
Lehman Brothers Holdings Inc. is working on a $220 million
settlement of a class action filed against it, alleging it
conspired with other brokerages to mislead Enron Corporation
shareholders, the Wall Street Journal reported on Thursday.

The brokerage is among the many financial institutions facing
litigation spurred by the Enron December 2001 bankruptcy.
Citigroup Inc. is facing a lawsuit from investors who allege
they were defrauded by the bankrupt energy trader.  In July,
Bank of America agreed to pay $69 million to settle its part of
a class action suit led by the University of California against
nine banks, including Citigroup, over Enron debt offerings.

Citing a person familiar with the matter, the Journal said the
investment bank would pay investors who lost billions of dollars
as a result of Enron's collapse amid an accounting scandal in
2001.  According to the newspaper, Lehman said the negotiations
aren't complete and "there is no assurance that a settlement
will be achieved on terms acceptable to the company. The company
believes that such settlement, if it occurs, would have no
impact" on its financial situation.

A spokesperson at Lehman was not immediately available to
comment early Thursday, Reuters reports.


MASSACHUSETTS FINANCIAL: Mutual Fund Distribution Plan Presented
----------------------------------------------------------------
The Securities and Exchange Commission gave notice that,
pursuant to Rule 1103 of the Commission's Rules of Practice, an
Independent Distribution Consultant has filed its proposed plan
for the distribution of monies placed into a Fair Fund, pursuant
to Section 308(a) of the Sarbanes Oxley Act of 2002
(Distribution Plan), in the Matter of Massachusetts Financial
Services Company (MFS).

The Distribution Plan generally provides for distribution fairly
and proportionately to the MFS Funds the total disgorgement and
penalty of $50,000,001 ordered by the Commission.  The MFS Funds
are the registered investment companies for which MFS is the
investment adviser, including the retail mutual funds,
registered closed-end funds, MFS Variable Insurance Trust, MFS
Institutional Trust, and variable annuity and variable insurance
funds known as MFS/Sun Life Series Trust and Compass Accounts.
The proposed plan provides that each MFS Fund shall receive a
proportionate share of the disgorgement and penalty based upon
the amount of brokerage commissions coded for fund sales
attributed to each of the MFS Funds.

A copy of the Distribution Plan may be obtained by submitting a
written request to Elaine C. Greenberg, Assistant District
Administrator, Philadelphia District Office, U. S. Securities
and Exchange Commission, 701 Market Street, Suite 2000,
Philadelphia, PA  19106.   All persons desiring to comment on
the Distribution Plan may submit their views, in writing, no
later than October 22, 2004 to the Office of the Secretary, U.S.
Securities and Exchange Commission, 450 Fifth Street, N.W.,
Washington, D.C.  20549-0609.  For additional information
contact Elaine C.  Greenberg by Phone: (215) 597-3100.


MENORAH GARDENS: FL Judge Ponders $76M SCI Cemetery Settlement
--------------------------------------------------------------
Circuit Judge Leonard Fleet made a promise not to allow emotions
to control his decision in a $76 million settlement for a class-
action lawsuit against Service Corporation International (SCI),
the nation's largest funeral services, which accuse it of
messing up burials at two Jewish cemeteries, the Associated
Press reports.

The judge, who is a religious Jew, stated during the hearing
that his goal is not allow emotion to control the decision in
this case as well as to blend morality with the law.

Houston-based SCI recently agreed to pay $123 million in
settlements with the state and families of people buried at
Menorah Gardens' cemeteries in Broward and Palm Beach counties.

The $76 million agreement breaks down to $11 million for
cemetery work and $65 million split between $40 million in
compensatory damages and $25 million in punitive damages. The
most serious claims were covered by a separate $35 million
settlement already approved by the judge.

Although 33,000 settlement notices were mailed to relatives who
might be affected, a court-appointed attorney and SCI agree that
the $65 million to be distributed for burying people in the
wrong places and misplacing gravestones would cover only about
1,000 close family members of about 550 buried people.

The revelation prompted attorney Greg Farmer on behalf of a Palm
Beach County group intent on pursuing their own lawsuits to
trial, to ask the judge to mail out a new notice telling people
that they stand to get no financial benefit, aside from $11
million in cemetery remediation. However, legal experts believe
that if the judge agreed to send a new notice, chances are that
number 90 people who opposed the settlement would rise above the
125 ceiling set, thus killing the package entirely.

For their part, SCI also asked the judge to rule that the
punitive damages he approves will be the most the company would
be required to pay to any Menorah Gardens litigants, which would
virtually shut out about 72 relatives of 42 people buried at the
West Palm Beach cemetery.

Before adjourning the trial, Judge Fleet asked attorneys to file
briefs within three weeks, which likely would generate a final
hearing on legal issues.

According to attorney Ervin Gonzalez, who represents relatives
covered by the settlement, if the judge accepts the settlement,
it will take one to two years to finish assessing the
cemeteries, evaluate individual claims and write checks, and an
appeal would add a year to the process.


NABISCO FOODS: Recalls Mini Oreo Cookies Due To Undeclared Milk
---------------------------------------------------------------
Nabisco Foods, a Kraft Company of East Hanover, NJ, is recalling
the "Carry Me Pack" that contains 1.5 oz. boxes of Mini Oreo
Chocolate Sandwich Cookies with the two "Best When Purchased"
dates of 20JANBK and 21JANBK because the bags inside the Oreo
boxes may contain Ritz Bits Cheese Sandwiches. Ritz Bits Cheese
Sandwiches are made with milk ingredients, which can cause
severe health problems. People, who have an allergy, or severe
sensitivity to milk ingredients, run the risk of serious or
life-threatening allergic reactions if they consumer Ritz Bits
Cheese Sandwiches. No illnesses or allergic reactions have been
reported to date. No other Mini Oreo or Ritz Bits products are
part of the recall, and there is no health risk for consumers
who are not allergic to milk.

Nabisco estimates that approximately 195,000 small boxes of the
recalled product were produced and that fewer than 2,000 "Carry
Me Packs" may have the wrong product in the individual Oreo box.
The Oreo individual boxes were produced for special club pack
trays for BJ's Wholesale Club stores in the eastern United
States . The recalled product has been distributed to the
following States: Connecticut, Delaware, Florida, Georgia,
Massachusetts, Maryland, Maine, North Carolina, New Hampshire,
New Jersey, New York, Ohio, Pennsylvania, Rhode Island, South
Carolina and Virginia . The recalled mislabeled product has only
been found in retail stores in Massachusetts and New Hampshire.

The products were sold to BJ's Wholesale Club stores in the
eastern United States in a 12-box club store tray containing
four boxes each of the "Carry Me Packs" of Mini Oreo cookies,
Ritz Bits Cheese Sandwiches and Teddy Grahams Graham Snacks. In
addition to consumer purchases, other small businesses may have
also bought the trays from BJ's Wholesale Club stores for resale
of individual boxes.

The 1.5 oz. individual box carton is labeled "Carry Me Pack"
Mini Oreo Chocolate Sandwich Cookies, and the silver foil bag
inside may contain Ritz Bits Cheese Sandwiches. The "Best When
Purchased By" code dates of 20JANBK and 21JANBK are printed on
the individual Oreo box on the end flap.

The company learned of the error when consumers in Massachusetts
and New Hampshire reported finding Ritz Bits Cheese Sandwich
bags in Mini Oreo (individual box) cartons. The Mini Oreo
Cookies do not contain milk, but the Ritz Bits Cheese Sandwiches
have milk ingredients. The individual boxes of Ritz Bits Cheese
Sandwiches are labeled accordingly. The packaging error was
limited in scope and occurred at a supplier, where the company
has taken steps to prevent a recurrence. No other Oreo or Ritz
products are part of the recall.

Consumers and small businesses that purchased the 20JANBK and
21JANBK code dates of MiniOreo Chocolate Sandwich Cookies or the
12-count variety pack tray containing 1.5 oz individual boxes of
Mini Oreos may return the product to the store where purchased
for a full refund. Consumers with questions about the recall
should call 1-800-323-4243.


NEW YORK: City Pays $20M To Settle NYPD Race Discrimination Suit
----------------------------------------------------------------
The city of New York recently agreed to pay up to $20 million to
settle a class action suit that accuses the NYPD of carrying out
race discrimination in its hiring and employment practices, the
New York Post reports.

According to court documents, Manhattan federal Judge Lewis
Kaplan, who approved the terms of the settlement following four
years of restless negotiations, stated during the September 10
hearing that this settlement will play some small part in making
New York's Finest even finer.

The settlement calls for the city to pay up to 1,199 Latino and
black officers who filed discrimination claims through last year
each of whom are eligible to receive as much as $16,500.

The federal suit, which was filed in 1999 during the more
racially charged administration of Rudy Giuliani by the Latino
Officers Association, alleges that the NYPD subjected Latino and
African-American officers to "disparate" disciplinary treatment,
a "hostile work environment" and retaliation for filing
complaints of discrimination.

The court in January assigned two special masters to prod the
parties to reach a settlement.

Commenting on the settlement, plaintiff's lawyer Richard Levy
stated, "It took five years of litigation and discovery to find
out what goes on in the Police Department as to the treatment of
minorities. At the end of the day, the city decided to settle
and put up $20 million to pay people discriminated against."

Although reaching the settlement would mean that the city would
not have to admit to any wrongdoing, Mr. Levy asserted there was
a pattern of minority officers being punished more severely than
whites charged with the same infractions in disciplinary cases.

As part of the settlement, the city also instituted changes to
personnel to "eliminate discrimination in the workplace" and
promised that more transparent record keeping regarding minority
officers will be initiated as well.

Upon reaching the settlement the city through Corporation
Counsel Michael Cardozo stated, "This settlement furthers the
city's progressive goal of resolving claims fairly and
expeditiously through mediation or with a special master, rather
than engaging in the unnecessary expense and delay of protracted
jury trials."


OCEANVIEW MANOR: Residents File NY Suit Over Withheld Allowances
----------------------------------------------------------------
Three residents of Oceanview Manor Home for Adults initiated a
class action lawsuit in U.S. District Court in Brooklyn,
accusing the Coney Island adult home and its staff members of
withholding their state-mandated allowances as a form of
punishment, Newsday reports.

The suit specifically alleges that Oceanview illegally denies
residents the use of their personal allowances as a form of
behavior control and withholds the funds if they fail to take
part in certain voluntary programs or shower or bathe.

According to Lycette Nelson, an attorney for MFY Legal Services
Inc., which brought the suit, the practice is widespread in the
home and describes it as very repressive, intimidating and
abusive. She further states that the residents' small monthly
allowance gives them a minimal degree of independence and that
withholding it is having an intimidating effect throughout the
home.

Susan Kohlmann, another attorney for the residents, also adds
that the suit, which seeks a halt to the alleged punishment and
unspecified monetary damages, claims the home and its
operator/administrator Joseph Rosenfeld violated the residents'
rights under the Americans With Disabilities Act, the federal
Rehabilitation Act and state and local anti-discrimination laws.

Located at 3010 W. 33rd St., Oceanview Manor houses about 176
residents, most of whom have mental disabilities who receive a
Supplemental Security Income. State law mandates that each
resident receives $127 a month to buy personal items such as
toiletries, clothing and snacks while the home is paid $872 a
month for rent, board and services.


PERFORMANCE INC.: Recalls 300 Handlebars Due To Injury Hazard
-------------------------------------------------------------
Performance Inc. and Supergo Inc., of Chapel Hill, North
Carolina is cooperating with the United States Consumer Product
Safety Commission by voluntarily recalling about 300 "Forte
Flyte OS" and "Weyless CF200" Carbon Handlebars.

The handlebars can develop cracks that may not be visible, which
can cause the handlebar to break without warning, resulting in
serious injury or death. Performance Inc. has received one
report of handlebars breaking. No injuries were reported.

Only the Performance Forte Flyte OS Carbon Road handlebars and
the Supergo Weyless OS Carbon Road handlebars are included in
the recall. Both handlebars are natural carbon gray. The
Performance Forte Flyte has printing along the top of the
handlebar. On the left front is "Forte" in red, and on the right
front is "Flyte." On the right top is "ACT" in large white
letters and "Advanced Carbon Technology" in smaller letters. The
Supergo Weyless handlebar says "Weyless" in white and has a red
oval with "Full Carbon Composite" printed in white. On the left
side is "CF" in red, "200" in white, and "Hi-Pressure Solid
Compaction" in white. The Performance handlebars were sold
separately, not as part of a bicycle. The Supergo handlebars
were sold separately and as part of the 2004 Scattante SC-R
bicycle.

Manufactured in Taiwan, the recalled handlebars were sold by
mail order, Web sites, and Performance and Supergo retail stores
for about $169. The Scattante bike equipped with the defective
handlebars sold for $3,295.

Consumers should stop using the bicycles with these handlebars
immediately and return the handlebars to the nearest Performance
or Supergo stores for a replacement or refund.

Consumer Contact: Contact Performance at (800) 553-8324 or
Supergo at (800) 398-9702 between 9 a.m. and 10 p.m. ET Monday
through Friday or between 12 p.m. and 6 p.m. ET Saturday and
Sunday or visit the company's Web sites: http://www.supergo.com
or http://www.performancebike.com


POLARIS INDUSTRIES: Recalls Predator 500 ATVs For Injury Hazard
---------------------------------------------------------------
Polaris Industries, Inc. is cooperating with the Consumer
Product Safety Commission by voluntarily recalling 18,500
"Predator 500" all-terrain vehicles.  The front brake lines can
crack and leak brake fluid, possibly resulting in loss of
braking capability.  This could result in severe injury or
death.

Polaris has received reports of cracked and leaking front brake
lines on at least 127 units, with no reported injuries.

The recall includes "Predator 500" ATVs from model years 2003
and 2004 with these model numbers: A03GJ50AA, A03GJ50AB,
A03GJ50AS, A03GJ50CA, A04GJ50AA, A04GJ50AB, A04GJ50AC, and
A04GJ50AD.  The model number is on the lower left frame tube
ahead of the engine.  "Predator" is prominently displayed on the
right and left side of the front cab covering the fuel tank. The
ATVs have red, blue, gray or black front and rear cabs.

Polaris dealers sold these ATVs nationwide from November 2002
through February 2004 between approximately $6,000 and $6,500.

Consumers should contact their Polaris dealer to schedule an
appointment for free inspection and repair.  For more
information, call Polaris toll-free at (800) POLARIS (765-2747)
between 8 a.m. and 12 midnight (ET) seven days a week, or visit
their Website: http://www.polarisindustries.com. Polaris
notified consumers directly about this recall.


SCOTLAND: 6T UK Hemophiliacs Told They May Have Mad Cow Disease
---------------------------------------------------------------
About 6,000 people with bleeding disorders such as hemophilia in
the United Kingdom were warned that they may have caught the
human form of mad cow disease through infected blood plasma
products, Scotsman.com reports.

Government health officials sent out warning letters after a
risk assessment of blood-derived products was carried out
following the first possible fatality as a result of contracting
the incurable and fatal variant Creutzfeldt-Jakob Disease (vCJD)
through a transfusion of blood, which was announced in December
last year.

The people were warned not to donate blood tissue or organs and
to tell doctors and dentists if they undergo any treatment.  The
warning applies only to those who received plasma products in
the UK before 1999, thought to be about 4,000 people.  Some of
the products affected were exported to five other countries.

Nine UK donors who went on to develop vCJD have so far been
identified.  They contributed to around 200 batches of plasma.
The plasma was separated from blood donations and put into very
large pools from thousands of other donations.  Government
health officials insisted there was only a "small increased
risk" of contracting vCJD compared to people who ate beef during
the 1980s, Scotsman.com reports.

Haemophiliac Andy Gunn, 29, from Inverness, who contracted HIV
and hepatitis C through contaminated blood products, told The
Scotsman he was distraught and "raging angry" when he received
the letter, but had become used to continual health scares.

"Any normal person would be devastated by this but they've
already done this to the haemophiliac community numerous times
before," he told the Scotsman.com.  "This is just the same old
thing - they've known about this for years. It's a murderous
cover-up . We want a public inquiry, but that's the one thing
they won't let us have.  In any other case, in any other
country, each one of these things - HIV, hepatitis C or CJD -
would have warranted a public inquiry."

Haemophilia Action UK campaign co-ordinator Carol Longstaff,
whose husband Peter is a haemophiliac, said he had been exposed
to vCJD contaminated blood products 12 times, starting in
November 1996.  She had written to health officials in March
1996 asking for him to be given synthetic blood products because
of the risk of vCJD, but was told this would be too expensive.

"The government would say they identified it as being a risk in
blood last December, but some scientists were saying in 1996
there was a danger," Mrs. Longstaff told Scotsman.com.  "We're
planning a class [legal] action on vCJD under the Product
Liability Act. They have been aware for quite some time there
were major concerns about whether vCJD was transmissible."

The hemophiliacs will be given the opportunity to find out
whether the products they received were from contaminated pools.
Health officials stressed that, as more infected donors were
identified, donations previously assumed clear would become a
possible risk.

There have been nearly 150 vCJD deaths in the UK, including
Donna-Marie McGivern, 17, of Coatbridge, Lanarkshire, who became
Scotland's youngest victim in 1999, Scotsman.com reports.

The Health Secretary, John Reid, insists there has been no
cover-up.  "Two principles have guided my department's handling
of the issue of vCJD - maximum caution and maximum openness," he
told the Scotsman.


SUZUKI MOTORS: Recalls Eiger Quadrunner ATVs For Injury Hazard
--------------------------------------------------------------
Suzuki Motor Corporation is cooperating with the Consumer
Product Safety Commission by voluntarily recalling about 240
Eiger "QuadRunner" ATVs, on September 9, 2004.

Mislocated welds securing the upper front suspension arm
mounting brackets to the frame.  The mounting bracket could
break off during riding, reducing rider control and resulting in
loss of control of the ATV.  Loss of control could result in a
crash and severe personal injury or death.  No injuries have
been reported.

The 2004 model year four-wheel drive Eiger ATVs are affected by
this recall.  The model numbers are LT-A400FK4 (for automatic
transmission) and LT-F400FK4 (for manual transmission).  The
ATVs with mislocated welds were produced from May 19 through May
25, 2004.  The ATVs are red, yellow, or green.

Suzuki dealers nationwide sold these ATVs from May 28 through
August 16 for $5149 (manual transmission) or $5299 (automatic
transmission).

For more details, call 800-444-5077 to find the nearest Suzuki
dealer.


UNISOURCE ENERGY: PA Fund Lodges Securities Lawsuit in AZ Court
---------------------------------------------------------------
UniSource Energy Corporation faces a class action filed in the
Superior Court of the State of Arizona, charging the members of
its board of directors with breaching their fiduciary duties to
shareholders in connection with the acquisition of the company
by Saguaro Utility Group, the Institutional Investor reports.

The Pennsylvania Avenue Event Driven Fund, which invests in the
securities of companies undergoing a corporate event, filed the
suit, which alleges that the board members tailored the
acquisition "to meet the specific needs of Saguaro and basing
the acquisition on financial results of UniSource Energy that
were subsequently restated to recognize additional net income."
Among other things, the plaintiffs are asking the court to
enjoin the March 2004 transaction "until a new sale process is
adopted," according to a Company filing with the Securities and
Exchange Commission.


UNITED STATES: Sexual Harassment of Teens at Work On The Rise
-------------------------------------------------------------
More and more teenagers are experiencing sexual harassment and
discrimination in the workplace, according to the Equal
Employment Opportunity Commission (EEOC), the Associated Press
reports.

The EEOC cited the growing number of lawsuits it is pursuing
against employees, saying that about 40 suits related to teen
sexual harassment and discrimination have been filed or settled
since 2002.  Most of the recent suits involving teens are on
behalf of young women complaining of sexual harassment by
managers, such as lewd comments and inappropriate touching.
More than half of the EEOC's 40 suits over the last two years
involved the restaurant industry, one of the largest employers
of younger workers.

Only "a handful" of suits involving teens were filed in previous
years, commission spokesman David Grinberg said, according to
AP.  The agency is just starting to track such lawsuits and
complaints, so earlier figures were not available.  Experts
believe that the rise could be attributed to the fact that more
teens are working these days, that they have become better
educated about what is appropriate and that they are more
willing to report problems.

About 7 million people ages 16 to 19 are in the labor force,
according to the Bureau of Labor Statistics, AP reports.  The
jobs are in industries that employ many younger workers:
restaurants, retailers, hotels and movie theaters.  Turnover
often is high, and many managers, often young themselves, aren't
trained to avoid or recognize harassment and discrimination, Mr.
Grinberg said.

The surge has prompted a new national campaign to educate youth
about their rights at work.  The awareness campaign includes
visits and presentations at high schools nationwide.
Educational videos and materials, including bilingual comic
books are being distributed to educate young workers about their
rights at work.  EEOC has created a Web site on the issue, and
also plans to hold forums involving employers, workers and labor
experts.

"In an industry of 12 million people, this is a small amount of
anecdotal evidence," said Sue Hensley, spokeswoman for the
National Restaurant Association, which is participating in
EEOC's new outreach effort, according to AP.  "However, we
certainly feel strongly about the importance of this program and
that it will be beneficial to teens in this industry."

Lynn Bruner, EEOC's district director for St. Louis, told AP she
became concerned about teens in the work force when she
discovered that all but one of her district's sexual harassment
cases last year involved women under age 21.

EEOC's San Francisco district office has noted an increase in
sexual harassment complaints, many involving teens.  There were
seven such suits last year.  The office generally files 30 to 40
total suits a year, said Joan Ehrlich, district director,
according to AP.  More education is needed to let these young
workers know "that they don't have to put up with the
harassment. What is happening to them is illegal and should
stop," she said.


                         Asbestos Alert


ASBESTOS LITIGATION: Rabbi Labels Asbestos Discovery A Blessing
---------------------------------------------------------------
When Temple Emanuel found asbestos while renovating its
synagogue this summer, it turned what could have been a problem
into what Rabbi Yael Romer calls a blessing.  "We actually had a
blessing because a wonderful gift enabled us to do major
renovations," said Rabbi Romer.

The project has helped the Reform congregation establish a
closer relationship with a neighboring Episcopal Church and a
Conservative Jewish congregation across town, both of which have
lent space.

Temple Emanuel's late cantor, Jon Park of Kingston, left a gift
to the synagogue for the creation of an alternative chapel.
However, when asbestos was discovered during renovations in
June, it was decided to remove it entirely from the building.

Rabbi Romer said the congregation has been amazed at the
outpouring of support from the Kingston community, and has
partnered with Congregation Ahavath Israel, a conservative
congregation on Lucas Avenue, to share space.  Neighboring St.
John's Episcopal Church also lent space for the congregation's
use during Yom Kippur, the Day of Atonement, which is observed
later this month.

"At this time of year, you are supposed to be in temporary
dwellings," she said. "We just look at each one as a step, a
privilege and a blessing."


ASBESTOS LITIGATION: Monitoring Urged For Deutsche Bank Razing
--------------------------------------------------------------
The former Deutsche Bank building should be monitored for
asbestos and other contaminants, as it will soon be razed,
according to a new environmental report.

The Louis Berger Group prepared the study for the Lower
Manhattan Development Corporation. It checked the building
materials, mold and samples of settled dust from the building
which was hit with debris and left open to the elements after
the 2001 attack.  The LMDC, which bought the building from
Deutsche Bank on August 31, is preparing for demolition of the
tower to make room for redevelopment at ground zero.

The engineering and environmental consulting firm found
flooring, wall materials, caulk, insulation and sealants
composed of more than 1% asbestos.  The report found trace
amounts of asbestos in the dust that settled on desks, floors,
carpets and other surfaces in the building after the attack.
Though the dust was less than 1% asbestos, smaller amounts can
still create elevated levels of asbestos in the air when
disturbed.  The dust also contained detectable levels of
dioxins, lead, PCBs and heavy metals.

The report recommended that the LMDC maintain health and safety
and air monitoring programs, create an emergency plan for the
building, and conduct additional testing.


ASBESTOS LITIGATION: Picketers Cause Trouble at Fresno High, CA
---------------------------------------------------------------
About 75 Fresno High School students either walked out or
refused to go to school last week after union officials picketed
and handed out leaflets accusing a subcontractor working at the
school of safety violations.

Out-of-town officials from the Laborers International Union of
North America shouted that the Fresno Unified School District
high school was "unsafe." They claimed Fresno Unified had not
done due diligence before hiring contractors to renovate the
school.  That afternoon, Hazard Management Services Inc
conducted an inspection of the construction site and
subsequently gave reassurances that the renovation posed no
danger to the students.

Fresno Unified interim Superintendent Walt Buster characterized
the uproar as a dispute between adults over labor issues that
eventually involved students. He said, "Fresno Unified's first
priority is student achievement and student safety."

Mr. Buster said union officials refused to meet with him the
morning of the picketing. He added that he supports freedom of
speech but not at the expense of students' safety.

Before the first bell rang, campus safety assists were called in
from nearby high schools. More than a dozen police officers
blocked off streets leading to the school and tried to round up
truants. Principal Bob Reyes said consequences for the walkout
would vary depending on a student's history of behavior
problems. He said most students returned to class by midday.

The police detained James St. Aubin, a student accused of
protesting. "I didn't want to go in because of what they were
saying. I didn't want to breathe any of that stuff," Mr. St.
Aubin said.

The San Joaquin Valley Air Pollution Control Board has fined
both David Bush Construction and its subcontractor Brunna
Enterprises in the past.

David Bush declined to comment but sent a letter to the district
apologizing for the situation. Brunna, Mr. Bush wrote, has
appropriate insurance and no complaints filed against its
California contractor's license.


ASBESTOS LITIGATION: Experimental Surgery Gives Patient New Hope
----------------------------------------------------------------
Nine months ago, Karen Grant was diagnosed with mesothelioma, a
rare cancer that doctors said was untreatable, but an
experimental surgery gave her a sliver of hope.  The disease
comes from exposure to asbestos, an insulation product banned in
1975, when Karen was 1 year old.  At age 29, she's the youngest
person ever documented to have it on both lungs.

"It came as a shock because here I am, a healthy person, and all
of the sudden, I get this disease on my lungs that I have no
idea how I got," Mrs. Grant said.

Searching for answers, her father tested their Haverhill,
Massachusetts home.  However, asbestos-covered pipes were
airtight. And at this point, finding the source of Karen's
exposure is the least of her worries.  First there was risky
surgery.

A cutting-edge technique pioneered in Boston by Dr. David
Sugarbaker was her only shot. It's an experimental surgery
promising no guarantees. In the operating room, Dr. Sugarbaker
and his team carefully cut away the aggressive tumor that lined
her lungs, and lasered the tissue to burn away cells that might
have been missed. Then they filled Karen's chest cavity with hot
chemotherapy, which gave her lungs an hour-long soaking.

"When you heat up chemotherapy, you increase the metabolic rate
or the activity of the cancer cells that are left, and cancer
cells that are very active are sucking up chemotherapy as a
poison," Dr. Sugarbaker said.

After 114 days at the Youville Rehabilitation Hospital, Mrs.
Grant was well enough to go home.  The treatment had been very
aggressive.  Doctors determined it was right for her since she
was young and physically fit.  Doctors are awaiting test results
before putting her on traditional chemotherapy, but they do
believe the worst is behind her.

Despite the ban on asbestos, the number of cases of this cancer
has continued to rise in Massachusetts. Dr. Sugarbaker said that
he is seeing an increase in the number of young people with the
disease.


ASBESTOS LITIGATION: TX Jury Awards US$1.4M to Mechanic's Wife
--------------------------------------------------------------
After deliberating for about ten hours on September 3, a Texas
jury awarded US$1.4 million to the wife of a former brake
mechanic who died of mesothelioma. It concluded that asbestos-
containing brake linings made by Ford Motor Co. and General
Motors Corp. were unreasonably dangerous.

Kenneth Hicks' wife, Kay, received compensatory damages for his
husband's death from mesothelioma. The jury found each defendant
to be 10% responsible for Hicks' death, apportioning the rest of
the liability to seven other asbestos defendants who settled
before trial or were entities of those on which claims had been
made. Mr. Hicks himself, a cigarette smoker, was apportioned 10%
of the liability.

Mr. Hicks worked as an auto mechanic at Ford, General Motors and
DaimlerChrysler Corp. dealerships, beginning in the late 1960s
until the mid-1970s. Mr. Hicks was also self-employed as an auto
mechanic from 1976 until 2001.

Kay Hicks, who worked as a bookkeeper and in various other roles
at the dealerships at which Hicks worked and at her husband's
own automotive business, testified at trial that the brake
linings that Hicks grinded included Ford and General Motors
brake linings and that he blew out linings from the brake
assemblies of Ford and General Motors cars and trucks. He was
diagnosed with mesothelioma at age 55 and died two years later,
before trial.

During trial, Ford and General Motors contended that Hicks'
mesothelioma was caused by asbestos-containing products he may
have been exposed to while employed at a manufacturing plant in
Ardmore, Texas, where he worked before becoming an auto
mechanic.


ASBESTOS LITIGATION: Unions Ask Government to Assist FM Workers
---------------------------------------------------------------
UK unions called on the government to intervene on behalf of the
members of the British retirement plan of Federal-Mogul Corp, a
U.S. auto-parts maker forced into bankruptcy by asbestos
lawsuits.

"Our members could face financial ruin in retirement through no
fault of their own," said a motion passed at the annual Trades
Union Congress in the coastal town of Brighton.

Trustees in the pension fund of Federal-Mogul's U.K. unit,
Turner & Newall Ltd., in August rejected an offer from Federal-
Mogul's creditors, led by Carl Icahn, the company's largest
single creditor, to contribute US$130 million to the plan.

Federal-Mogul's creditors must pay 232 million pounds (US$416
million) over eight years to ensure the U.K. retirement plan's
viability, according to the pension trustee. As many as 40,000
members risk having their savings reduced if the fund is closed.

"We want the government to put as much pressure as they can on
the trustees and the Americans to sort this out," said Dick
Croft, an officer with the Amicus union, which represents some
of the workers whose pensions are at risk.

If no agreement can be reached between the pension trustees and
Federal-Mogul's creditors, Amicus wants the government to
include Turner & Newall employees in the new Pensions Protection
Fund that is being introduced to help workers who lose their
pensions due to a company collapse.

Federal-Mogul, the world's largest maker of engine bearings, has
been under court protection since 2001. Mr. Icahn and other
bondholders would get 49.9% of the Southfield, Michigan-based
company's common stock under a reorganization proposal.


ASBESTOS LITIGATION: Out-of-State Plaintiffs Seek Illinois Judge
----------------------------------------------------------------
A judge who recently took over asbestos lawsuits in Madison
County, Illinois, hears arguments on whether out-of-state
plaintiffs should be able to sue there.

Defendants argued that plaintiffs from Louisiana, Florida and
Missouri should not be allowed to sue in Madison County, which
is across the Mississippi River from St. Louis. The plaintiffs
have asbestos-related lung cancer but have never lived in
Illinois.

Circuit Judge Dan Stack has recently taken over for Judge
Nicholas Byron, who resigned from asbestos cases in July.
Critics say Madison County attracts more asbestos lawsuits than
any other venue. About 950 new asbestos lawsuits were filed in
the county last year.


ASBESTOS LITIGATION: Asbestos Causes Traffic Jam in UK Street
-------------------------------------------------------------
Police sealed off a Huddersfield street for several hours after
broken sheets of deadly asbestos were found on St. John's Road
close to its junction with Beck Road and Huddersfield ring road
last week.

Sgt Tim O'Sullivan said, "A man phoned us to say the substance
looked like asbestos. Bits were flaking and breaking off from
it. We don't know how it got there at this stage."

Firefighters came and dampened the asbestos to stop it from
breaking up any further. Environmental health officials took
samples and the Kirklees Council staff moved the sheeting. The
incident lasted until about 7:00 p.m. and caused traffic
problems in the area.


ASBESTOS LITIGATION: Engineer Dies of Exposure to Blue Asbestos
---------------------------------------------------------------
A former city telecom engineer died from a lung disease after
working with asbestos 40 years ago, an inquest was told.  Thomas
Kinnaird, 72 years old, from Cordery Road, St. Thomas, died from
malignant mesothelioma resulting from working with deadly blue
asbestos. A verdict of death due to industrial disease was
recorded.

Exeter and Greater Devon deputy coroner Richard van Oppen said
that Mr. Kinnaird had died at home on August 3. A post mortem
revealed mesothelioma on his right lung. The deputy coroner said
that Mr. Kinnaird had been employed at telephone exchanges.

There have been more cases of mesothelioma and cancer among
people working with blue asbestos than other types of asbestos.


ASBESTOS LITIGATION: Asbestos Removal at MI Museum Hits US$40M
--------------------------------------------------------------
As excessive amounts of asbestos were found throughout the walls
and ceilings of the Detroit Institute of Arts, renovation cost
has escalated to a whopping US$40 million.

The DIA must reduce the wings down to their structural steel
skeletons to remove the asbestos, and then rebuild them. The
unexpected work in those areas, which are currently closed, will
cost about US$40 million more than what was budgeted, and will
push the museum's reopening to late 2007.

The DIA said it would recast its fundraising campaign to cover
those costs and others. The museum had raised US$230 million
toward its 10-year US$331-million campaign, launched in 1999.
There's a new goal of US$180 million.

Instead of ending in five years, fundraising will continue until
2014, bringing the grand total to modernize the museum to about
US$430 million. That will cover construction, electrical and
interior updates to the museum, building the endowment, and
providing operating revenue.

DIA Board Chair Eugene Gargaro gave the assurance that no
worker, museum employee or visitor has been exposed to toxic
levels of asbestos in the wings, which were built as additions
to the main building in the late 1960s. The DIA has passed air-
quality tests for the last five years.

DIA Director Graham Beal says the fundraising appeal has to
strike a delicate balance.  He said, "We don't want to give the
impression that if you come, we won't be up to snuff. But we
have to get beyond the feeling that everybody loves us, but no
one wants to pay for us."

The DIA is competing with other nonprofit institutions for
private, corporate and foundation dollars at a time when state
and federal funds have been cut drastically.


ASBESTOS LITIGATION: Call for Asbestos Study at UK Housing Site
---------------------------------------------------------------
Calls have been made to do a comprehensive investigation of the
former Turner Brothers site in Rochdale after claims that up to
the 1960s, asbestos dust and fibers used to hang from nearby
trees.  The site's new owners, MMC and Rathbone Jersey Ltd, are
due to submit plans to Rochdale Council in the next few weeks
for housing on the site.

People who live close by are concerned that without proper
precautions, any building activity may expose them to
potentially dangerous chemicals, including asbestos, which has a
deadly history.  In a meeting organized by the Save Spodden
Valley Group, dozens of people said they became concerned when a
company employed by the developers felled hundreds of trees in
May without any prior notice to Rochdale Council or the Forestry
Commission.

Former workers of Turner Brothers Asbestos, once the largest
asbestos factory in the world, described how friends and family
had died from mesothelioma and other diseases after exposure to
asbestos. Even local people who had never worked in the asbestos
factory were said to have died of mesothelioma.

One of the organizers, Jason Addy, showed a TBA document from
1957, which indicated that 15,000 lbs of asbestos dust a week
was dumped to waste. It also described how tests conducted by
TBA showed that air on the factory roof contained 30 times more
dust particles than inside the building.

Mr. Addy said some people also expressed fears that other
cancer-causing chemicals, including phenol and benzene, were
also polluting the site.   "We are not against development per
se. All we want is for all the information to be out in the open
and for decisions to be made on that basis," said Mr. Addy.

Rochdale Council leader, Councilor Paul Rowen agreed with the
residents' position. He said, "All they are looking for is an
assurance that the site will be developed in a way that is not
detrimental to people's health."

Councilor Rowen said he was able to reassure them that nothing
would be done without the full approval of the council and the
HSE.  A spokesman for the developers has said they have already
enlisted independent environmental consultants to investigate
the asbestos fears and are getting close to submitting a
planning application.


ASBESTOS LITIGATION: Harbor Commission Imposes Correct Removal
--------------------------------------------------------------
With the impending major redevelopment of Marina del Rey, Harbor
Commissioner Carole Stevens is calling for the strict
implementation of rules, regulations and protective measures on
asbestos removal.

This California County staff was directed to examine the
tenants' method of asbestos removal and storage in the Marina.

The commissioner cited a situation where contractors hired by
lessee Doug Ring allegedly tore down buildings and the wind blew
asbestos into the garages of nearby neighbors.  "Lessees have a
responsibility to their tenants and a responsibility to those
the lessees hire to remove and dispose of asbestos during
renovations," Ms. Stevens said.


ASBESTOS LITIGATION: SEI to Manage Union's $45MM Pension Assets
---------------------------------------------------------------
SEI Investments, a leading provider of asset management and
investment technology solutions, has been chosen to manage US$45
million in pension plan assets for Asbestos Workers Local #53,
the union representing asbestos workers in the New Orleans and
Baton Rouge areas of Louisiana.

The deal is the latest in a number of recent Taft-Hartley wins
for SEI, as the company has added more than US$4.6 billion in
pension assets under management for the year-to-date.

Under the terms of the agreement, SEI will take on sole
responsibility for portfolio structure, manager selection,
manager evaluation and replacement for the Kenner, LA-based
union.  This responsibility allows SEI to act as a co-fiduciary
with respect to plan assets, providing an additional layer of
protection for trustees.

SEI's willingness to share fiduciary responsibility, as well as
its handling of the day-to-day operations of the entire pension
program, were pointed to as key differentiators in the selection
process.

"Individual plans simply can't achieve the economies of scale
that we have at SEI," said Michael Cagnina, Managing Director of
Taft-Hartley Plans for SEI . That's why our model is such a good
fit for Asbestos Workers Local #53.  We can negotiate lower
costs and give them access to world-class investment managers.
Once the portfolio is established, our daily oversight process
ensures that the appropriate plan structure and investment
managers are in place today and in the future."

Through its Manager of Managers program, SEI aggregates assets
to achieve economies of scale and give plans access to
investment options and world-class managers that otherwise may
not be available to them.  The program is designed to deliver
cost efficiency and consistent performance without the conflicts
of interest that may inhibit conventional pension management
approaches.


ASBESTOS LITIGATION: Hanson Boosted by U.S. Plan to Limit Claims
----------------------------------------------------------------
Shares in British building materials firm Hanson climbed after
U.S. plans to set up a fund for asbestos victims' compensation
reassured investors that future payouts may finally be capped.

Plans for a compensation fund for asbestos victims advanced in
the Senate as Democratic leader Tom Daschle agreed to US$140
billion in overall funding proposed by Republican Leader Bill
Frist.

"If this proposal is acceptable and does get through, which is a
massive 'if', a major element of doubt has been removed," said
Kevin Cammack, analyst at French brokerage Cheuvreux.  "Hanson's
asbestos discount, if you can call it that, is probably around
40p. That's not to say that will disappear altogether because
Hanson will have to make a contribution to the US$140 billion,"
he added.

Although Sen. Frist and Sen. Daschle differ on the projected
lifespan of the asbestos fund, they are trying to agree on the
outlines of a fund that would take asbestos claims out of the
courts and could be written into legislation this year.  No
agreement has been reached on how to deal with pending cases,
the lifetime of the fund and award levels for different disease
categories.

"It is encouraging that talks are continuing and this agreement
is welcome. However, this remains a difficult political process
and it is doubtful that any reforms will be passed before the
November elections," a spokesman for Hanson said.

Hanson said in July it had 132,400 outstanding claimants in
legal cases related to asbestos. It said it had maintained a
balance-sheet provision for gross asbestos costs of US$320
million.


ASBESTOS LITIGATION: Homes for Burns Practice Require Inspection
----------------------------------------------------------------
When houses slated for demolition are donated to the fire
department for training, they must be inspected for asbestos,
resulting in increased costs to inspect them. There are more
houses being offered to northwest Arkansas fire departments,
said Springdale Fire Chief Ron Skelton.

As a result, minor adjustments were made to operating and
capital expenditures.  The operating portion of the budget was
increased by US$5,000, with US$3,000 of that going for
increasing asbestos inspections.

The Northwest Arkansas Metropolitan Fire Chiefs Association
board, the group directing the hazardous-material team, approved
the US$142,200 budget at its quarterly meeting.  Funding for the
hazardous-material team comes from a 38-cent per capita fee
charged to each city and the county government in Washington and
Benton counties.


ASBESTOS LITIGATION: CSR and Lloyd's Reach Asbestos Lawsuit Pact
----------------------------------------------------------------
CSR said it had reached a US$41 million settlement with
underwriters at Lloyd's over policies issued between 1978 and
1989 offering the sugar and building products conglomerate
indemnity from asbestos claims.

CSR, which used to manufacture asbestos products, sued Lloyd's,
along with two other groups of insurers, in New Jersey in 1995
over the policies. Its case against the remaining insurers is
expected to go to court next year.  The Lloyd's settlement
includes an agreement for CSR to return part of the settlement
to the underwriters if asbestos reform legislation is passed in
the US.

Shares in James Hardie rose after a breakthrough was reported on
the legislation before the US Congress to limit a trust fund for
asbestos victims to $US140 billion (AUD200 billion). CSR shares
dropped 9› to $2.29 despite news of the settlement.


ASBESTOS LITIGATION: Insurers Fear Silica May Be "Next Asbestos"
----------------------------------------------------------------
Silica sand has become the latest substance to join a list of
toxic products troubling the insurance and reinsurance industry.
Asbestos and tobacco are also on the list, as is toxic mould, a
fungus that grows on walls and carpets, and can lead to
respiratory problems.

Aon, the second-largest insurance broker, said the potential for
class action is "possible."

Aon believes that individuals extracting silica or working on
manufacturing sites may be overexposed to the product, which
could lead to silicosis, "a disabling, non-reversible and
sometimes fatal lung disease." Other problems can include lung
cancer, pulmonary tuberculosis, airway diseases, autoimmune
disorders and chronic renal disease.

While there has been no medical evidence of a link between
silica gel and silicosis, reinsurers are investigating whether
exposure to silica sand could lead to numerous insurance claims.

Mark Hewett, deputy chairman of Guy Carpenter, the world's
largest reinsurance broker, said his company is conducting
research into silica.

He said, "It is a common product in a natural environment but it
starts to get hazardous if it is cut and the dust particles get
in the air. The big question is, is it the next asbestos? We
think it is probably not but it raises a number of similar
issues."

Silica is used in the stone masonry business, for glass
production and pool-filter sand. Aon says ground silica is
"ideal for plastics and rubber, polishes and cleansers, glass
fiber and precision castings." It is often turned into a gel and
put into handbags and electronic goods to soak up moisture.

According to the National Institute for Occupational Safety and
Health, "At least 1.7 million U.S. workers are exposed to
respirable crystalline silica in a variety of industries and
occupations, including construction, sandblasting, and mining."


ASBESTOS LITIGATION: Senate Hopeful Urges Park Closure for Study
----------------------------------------------------------------
U.S. Senate candidate Barack Obama suggested the state should
consider shutting down the shoreline at Illinois Beach State
Park to figure out why asbestos keeps appearing there.

"I think that we have to use the time now that the summer is
over and the beach season is over to get the Illinois EPA to
reassess what exactly is happening at this beach. We can't have
our kids swimming in areas that might be contaminated with
asbestos," Mr. Obama said.

A consultant for the state Department of Natural Resources
reported finding 181 additional pieces of suspected asbestos
debris during the past five weeks at the park and along its 6.5
miles of beaches. Several tons of asbestos fragments have been
collected along the beach since 1998.

Environmentalists allege that the state and feds, for three
decades, used asbestos-laden sand dredged from Lake Michigan to
nourish the park's shoreline in an anti-erosion effort. In
August, the DNR disclosed it found friable asbestos, the kind
that crumbles and can be easily inhaled, near the North Point
Marina parking lot. A test indicated traces of asbestos in the
air near where the debris was found. The area was closed briefly
but reopened.

Mr. Obama said it was "troublesome" to him that the state and
environmentalists such as the Illinois Dunesland Preservation
Society clash over whether the beaches are safe. Dunesland
president Paul Kakuris, whose group has called for the closure
of the beaches to allow for a more thorough study of
contamination, praised Mr. Obama's stance.

"I'm glad he's sensitive enough to be troubled. He should be
troubled," Mr. Kakuris said.

Mr. Obama's comments came two days after Gov. Blagojevich said
he was open to closing the beach if it was deemed a threat to
patrons.


ASBESTOS LITIGATION: UK Family Pleads Move from Tainted House
-------------------------------------------------------------
A Norwich family is desperate to leave their home after
discovering that they have been living in an asbestos-ridden
council house for three years. Kyra and Barry Dann found out
that white asbestos lined the entire ceiling of the living room
when a leaking radiator in the next-room bathroom had to be
repaired in May.

They continually fear for the health of their six children but
efforts to request for a transfer have been rejected by the
council. They are dismayed why they were not immediately alerted
to its potential danger.

After the asbestos was discovered, the couple said the council
informed them they would be re-housed immediately. Although the
majority of the asbestos was taped up, some pipes are still
exposed and toxins could be emanating into the family home.

Mother Kyra said, "This has been stretched out for ages now and
it has got to the point where I am not coping and am sick with
worry."

A spokeswoman for the city council said there was no danger to
the tenants living at the house, adding it was doing everything
it could to transfer the family to a more suitable
accommodation.

"It is not unusual to find asbestos in older textured coatings
and if left undisturbed it poses no risk at all," she added.


ASBESTOS LITIGATION: UK Solicitor Warns of Asbestos Caseload
------------------------------------------------------------
Asbestos-related illnesses could prompt a wave of compensation
claims against Oxfordshire firms.

Peter Lodge, of Cheltenham-based BPE solicitors, has revealed
that his company is pursuing claims against BMW and UKAEA at
Harwell on behalf of retired workers who have suffered asbestos-
related conditions.

His company is dealing with about 50 asbestos cases, with the
majority coming from former factory workers in Oxfordshire.
Most of the claims they are involved with are actually against
small companies, wherein asbestos was widely used in the 1950s
and 1960s. They have normally dealt with clients who were
exposed a number of years ago and were never provided with any
protective clothing and have only now developed symptoms.

He said, "It is anticipated that 1% of the population born in
the 1940s will unfortunately die from one of the horrendous
conditions. It's potentially a time bomb waiting to explode.

"It is estimated that over the next ten to 15 years the number
of reported cases will continue to increase significantly until
such time that the condition is as common as lung cancer."


ASBESTOS LITIGATION: CA Blocks White Asbestos From Toxic List
-------------------------------------------------------------
Canada has blocked the addition of a carcinogenic type of
asbestos to a global list of toxic chemicals; a move that
environmentalists said could weaken efforts to ensure people's
health and their environment.

Governments agreed to add 14 hazardous chemicals to a list,
which restricts the trade of dangerous substances, but failed
for a second straight year to include the most common form which
is white asbestos. It is the first chemical whose proposed
addition to the list has been rejected.  The other two
carcinogenic types of asbestos, blue and brown asbestos, are
already on the Prior Informed Consent list.

"Just think what the future has to hold in terms of other
problem chemicals where there are commercial interests still at
stake," said Clifton Curtis, the director of WWF's Global Toxics
Program.

"Chrysotile unequivocally meets the Rotterdam Conventions
requirements, and those governments opposing its listing
blatantly disregarded the treaty obligation," said Mr. Curtis,
who is attending the week-long Rotterdam Convention conference
in Geneva.

Chemicals must have been banned or severely restricted in two
regions of the world before they are considered for the list.
Having the chemical on the Prior Informed List requires
exporting countries to inform potential buyers about the toxic
chemical in order to get their consent.

The asbestos industry is valued at around US$300 million
annually. Russia is by far the biggest producer, followed by
Canada, China and Brazil.

Bernard Mad‚, director of chemicals control in the Canadian
government's Environment Canada, said his government was
concerned about misconceptions surrounding the convention.

Raynald Par‚, president of the Canadian PRO Chrysotile Movement,
said, "Adding asbestos to the list would be like putting a ban
on asbestos and further threaten the livelihood of about 1,200
people."


ASBESTOS LITIGATION: UK School Head Suspended Over Asbestos Case
----------------------------------------------------------------
The head teacher of a Derby school at the center of an asbestos
scare has been suspended after an inquiry into events around its
three-month closure.  Around GBD750,000 had to be spent
decontaminating the school in Mickleover after asbestos was
found during routine building work in March. Independent experts
said health risks to children and staff had been minimal.  Derby
City Council suspended head teacher Phil Robinson pending
further investigations.

Education Director Andrew Flack said, "The actions we have taken
do not determine individual responsibility for the events
surrounding the major incident at the school. The school has
continued to run effectively through the efforts of staff and we
have put in place management arrangements for this to continue."

The Health and Safety Executive is carrying out its own
investigation into the events.


ASBESTOS LITIGATION: Asbestos Cases Thrive in Madison County, IL
----------------------------------------------------------------
Asbestos-related claims worth at least US$1 billion when
resolved were filed last year in Madison County, according to
estimates based on interviews with plaintiff and defense
attorneys, insurance companies and national experts on asbestos
litigation.

Madison County has become a national center for lucrative
asbestos litigation because of the following reasons: a one-
party court system dominated by Democratic judges whose
campaigns are financed by contributions from plaintiff lawyers;
the fact that judges are often related to the plaintiff lawyers
appearing before them; a history of anti-corporate sentiment
that produces sympathetic and generous juries; and a history of
intimidation that makes some judges wary of crossing the
powerful plaintiff bar.

No one works this system better than Randall Bono, Madison
County's king of asbestos litigation. He and Simmons Cooper, of
East Alton, have earned hundreds of millions of dollars for
their clients, and for themselves, since the firm was formed in
2000. It has risen to the top of the legal profession in filing
suits over mesothelioma, a deadly form of cancer caused only by
exposure to asbestos.

The rise of Bono's influence and wealth has paralleled the rise
of asbestos litigation. Asbestos pays off huge in Madison
County. Litigation regularly returns settlements of US$2 million
to US$3 million for asbestos-caused cancer and settlements of
five and six figures for asbestos-related breathing problems.
And it has been paying off regularly, month after month, year
after year.

A RAND Corp. study estimates that 730,000 asbestos suits have
been filed and US$70 billion has been transferred from defendant
corporations and insurance companies to victims and their
lawyers since the litigation began in the 1970s.

Madison County has been famous for decades as a good place to
sue corporations. Plaintiff lawyers have brought their claims to
Madison County because the county's juries have awarded damages
to plaintiffs at far higher amounts.

Morris B. Chapman, the dean of Madison County trial lawyers
said, "We had a lot of socialists here in the early part of the
last century. A jury of those guys would murder corporate
defendants.

"Politically, it has kind of petered out into pseudo-liberalism,
but it's still an anti-corporate community."

Illinois' system of electing judges is also a culprit.
Examination of campaign contributions found that almost
exclusively, the plaintiff bar finances the campaigns of Madison
County judges.

Madison County's chief circuit judge, Edward C. Ferguson,
described a system built for speed. He said, "A lot of it is the
machinery in place here. We have the expertise to handle these,
to do them in the court time necessary."

Together, plaintiff and defense firms here have about 150
attorneys devoted to asbestos litigation, legal sources say.
Hundreds of support staff, from clerks to paralegals, are
involved. Scores of people work the judicial end of asbestos
cases, from courthouse clerks to court reporters.

With asbestos suits typically naming over 100 defendants, filing
fees for a single claim can exceed US$10,000 in revenue, which
goes to the county's general fund. Last year, almost 1,000
asbestos claims were filed in Madison County. Fees generated
last year by all civil cases filed in Madison County reached
US$4,187,848.


ASBESTOS LITIGATION: Victims' Groups Concerned About Trust Fund
---------------------------------------------------------------
Three groups representing asbestos victims expressed
reservations about the direction of talks to create a trust fund
for people affected by asbestos.

The Committee to Protect Mesothelioma Victims, Asbestos Disease
Awareness Organization, and the Asbestos Victims Organization
issued a joint statement about the negotiations between Senate
Majority Leader Bill Frist, R-Tenn., and Senate Minority Leader
Tom Daschle, D-S.D.

The statement comes after Sen. Daschle matched a proposal by
Sen. Frist and agreed to a US$140 billion amount for an asbestos
victims' compensation fund.

Linda Reinstein, executive director for Asbestos Disease
Awareness Organization, said, "We are opposed to Sen. Daschle's
counter offer as it fails to address the most basic levels of
protection and fairness for asbestos victims, many of whom have
lost their jobs, their homes, and their lives . Americans
deserve legislation that prevents asbestos exposure, provides
adequate compensation, and gives current and future victims a
fighting chance."

Sue Vento, whose husband Rep. Bruce Vento, D-Minn., died from
mesothelioma, added, "The trust fund is clearly inadequate." She
also serves as head of the Committee to Protect Mesothelioma
Victims.

Sen. Daschle, Sen. Frist and others are trying to create
legislation to have the government establish a trust fund to pay
asbestos victims. Businesses and insurance companies would pay
into the fund.  Industry analysts said Sen. Daschle's offer was
significant yet they doubt Congress will resolve other issues
before adjourning early next month for the November elections.


ASBESTOS LITIGATION: Court Rules in Favor of St. Paul Travelers
---------------------------------------------------------------
A Philadelphia federal court has affirmed a 2003 arbitration
ruling in favor of The St. Paul Travelers Cos. Inc. on policies
covering asbestos bodily injury claims of ACandS Inc.

ACandS sued last year to vacate the arbitration decision, which
found that the asbestos claims were subject to aggregate limits
in the policies, which had been exhausted. The company, which is
bankrupt, is a former industrial-insulation contracting unit of
Armstrong World Industries.

The U.S. District Court for the Eastern District of Pennsylvania
threw out ACandS's suit. The Court's decision affirms that the
arbitration panel acted within the scope of its authority.
In addition, the court dismissed a second ACandS suit that
contended that each ACandS asbestos bodily injury claim should
be subject to a separate occurrence limit.

While St. Paul Travelers cannot predict the outcome of a
potential appeal of these rulings or other legal actions, based
on these rulings there is currently no significant coverage
litigation pending with respect to policies issued by Travelers
to ACandS and St. Paul Travelers does not have any significant
remaining obligation under any such policies.

St. Paul Travelers is making no adjustment to its asbestos
reserves in the third quarter of 2004 as a result of these
rulings. The impact of these rulings will be considered along
with other information in the company's previously announced
review of asbestos reserves, which the company expects to
complete in the fourth quarter of 2004.


ASBESTOS LITIGATION: Indian Cement Group Opposes Asbestos Ban
-------------------------------------------------------------
The chairman of the Asbestos Cement Product Manufacturers'
Association based in India claims that false propaganda and
ignorance led to the absurd demand for the total ban on asbestos
use.

"Myths affect and influence the mind. They change notions even
when there is not an iota of truth in them. That is exactly what
the asbestos cement industry is facing at present," ACPMA
Chairman Arun Saraf, told reporters.

The negative campaign supposedly was launched by the steel
industry creating apprehension in the minds of the people that
all varieties of asbestos are carcinogenic and thus, threatening
the very survival of the chrysotile asbestos cement industry.

Mr. Saraf believes that the steel industry has vested interests
in exaggerating the risk to users of chrysotile asbestos cement
products. He said asbestos cement products contain only 8% of
white asbestos or chrysotile and the remainder of them is made
up of fly ash (30%), cement (40%), water (20%) and pulp (2%).

"Even the steel sector acknowledges the fact that a ban on
asbestos will help the steel demand to rise by 2.5 million tons
annually," he said.

Mr. Saraf expressed his willingness to furnish the findings of a
WHO publication, which states, "Exclusive use of chrysotile
fiber in the manufacture of asbestos cement products is not
associated with any excess of lung cancer."


ASBESTOS LITIGATION: Japanese Govt. Settles Yokosuka Base Suit
--------------------------------------------------------------
Japanese government officials agreed to pay about US$2.74
million to a group of former employees who suffered from lung
disease after working on ships containing asbestos at Yokosuka
Naval Base, Japan, an attorney involved in the case said.

According to Takeshi Furukawa, the plaintiffs' lawyer, each of
the 20 workers will receive a payout of US$128,000. The
government will pay US$229,000 to the family of a worker who
died last year. Since the 10-year statue of limitations had
expired, one plaintiff will not receive any compensation.

The 22 workers represent the second of three groups Mr. Furukawa
represents. The workers claimed compensation for contracting
lung problems after working at Yokosuka shipyard between 1946
and 1997, handling asbestos-filled materials. No precautions
such as safety masks were provided.

"It is great that an early resolution will be reached in terms
of victims' relief," a Defense Facilities Administration Agency
spokesman said. DFAA handles most issues related to U.S. bases
such as managing Japanese personnel.

The settlement sets a hopeful prospect for reaching an early
settlement in the third lawsuit involving 15 plaintiffs, which
is still pending since it was filed on July 2003, Mr. Furukawa
said.

The Japanese and U.S. governments are in negotiations over the
issue, according to Japanese officials. Japan claims that the
U.S. is responsible for reimbursing Japan for the money because
of provisions in a contract between the two nations regarding
Japanese workers at U.S. bases. According to Japanese sources,
the U.S. position was that it was not responsible to reimburse
Japan.

Maj. James Bell, a U.S. Forces Japan spokesman, said USFJ
refuses to comment either on the settlement or any negotiations
on reimbursement taking place between the United States and
Japan. Maj. Bell would not confirm whether, in fact,
negotiations with Japan on reimbursement were taking place.


ASBESTOS LITIGATION: Kiwis Seek Victory for Hardie Test Lawsuit
---------------------------------------------------------------
A precedent-setting test case is currently before the New South
Wales Court of Appeal to see whether New Zealanders can sue
Australian building manufacturer James Hardie for products they
sold containing asbestos.

"We imagine there could at least be dozens, if not hundreds, of
similar cases from the very heavy use of insulation products in
the timber mills and power stations in New Zealand in the 60s,
and 70s for that matter," said Syndey lawyer, Graeme Little.

His client had been exposed to asbestos while working in Kawerau
and Kinleith in the 1960s and only exhibited the symptoms of the
lung disease in 2000. He claims that the company owes him a duty
of care as no warning of its dangers was ever issued.

Wellington lawyer Hazel Armstrong, who also represents clients
in asbestos-related cases, said, "It has amazing implications if
he's successful."

Meanwhile, the Accident Compensation Corporation is set to
appeal a groundbreaking District Court ruling to award a lump
sum of US$98,500 to the widow of asbestos victim Ross Lehmann.

In a reserved decision last month, Wellington District Court
Judge David Ongley ruled that ACC must pay a lump sum after Dawn
Lehmann successfully argued that qualification applied from the
date of treatment, or when a person first became ill. ACC had
initially said that lump sums could be given only to people who
had been exposed or injured after April 1, 2002.

Mr. Little said additional arguments in his client's case were
to be heard on February 23 next year.

"We're hopeful they will decide that Australian law is the
applicable law because that was the place of manufacture and
place from where the product was dispatched," Mr. Little said.


ASBESTOS LITIGATION: Asbestos Sheets in Meath Bog Alert Irishmen
----------------------------------------------------------------
Residents near the Bohermeen Bog discovered the sheets of
corrugated roofing material containing asbestos lying in an
overgrown part of the Co Meath Bog. Upon careful examination,
they got the impression that it had been there for a substantial
period of time.

Meath County Council had to pay for a specialist removal firm to
come in and remove the asbestos sheets. A spokesperson for the
council said most of the sheets were wrapped up as required for
removal but some had broken and there was debris over a small
section. However, she said the risks to humans were minimal as
the material was composed of asbestos concrete.

Meath County Council say they are examining the site to see
whether there is any evidence which could be used to track down
the source of the sheeting or who dumped it in the bog. They're
suspecting that rogue builders may be the guilty parties.


ASBESTOS LITIGATION: James Hardie Faces Criminal Fraud Charges
--------------------------------------------------------------
Australian building products firm James Hardie Industries NV may
face criminal charges after a government inquiry found it broke
the law by saying it had enough money in a fund to compensate
thousands of asbestos victims.

The inquiry said Hardie should have set aside up to AUD2.2
billion in a special compensation fund, seven times the AUD293
million pool it created in 2001 for sufferers of asbestos-
related diseases.

New South Wales State Premier Bob Carr, whose government
commissioned the report, said it could trigger criminal charges
against company executives. Union officials said Hardie Chief
Executive Peter Macdonald should resign, or be fired.

The report has now been referred to the Australian Securities
and Investments Commission. If the corporate regulator passes
the matter to the Commonwealth Director of Public Prosecutions,
Mr. Macdonald could face court on criminal charges that carry a
maximum five-year jail term.

"To put it directly, James Hardie Industries NV still has in its
pockets the profits made by dealing in asbestos, and those
profits are large enough to satisfy most, perhaps all, of the
claims of victims of James Hardie asbestos," Commissioner David
Jackson said in the 576-page inquiry report.

A statement by Hardie to the Australian Stock Exchange on
February 16, 2001 that its foundation was fully funded was
"misleading and deceptive," he said.

PM Carr said he had written to Prime Minister John Howard urging
the government to bring Hardie managers to justice. "James
Hardie must pay up," PM Carr told reporters, vowing not to meet
with the company until it met with victims and unions.

One analyst said the Australian report, after an initial
reading, was "somewhat positive" for Hardie given the inquiry
recommended the company negotiate a compensation scheme.

Commissioner Jackson offered qualified support to the company's
proposal that the compensation fund due to run out of money in
2007 be replaced by a state-run scheme that would strip up to
AUD400 million in lawyers' fees out of the projected AUD1.5
billion required to fund claims for the next 40 years.


ASBESTOS LITIGATION: Rio Hondo, TX to Replace Asbestos Pipelines
----------------------------------------------------------------
As an effort to improve water pressure and quality, a US$375,000
federal grant will be used to replace 20% of the city's old
water lines, mainly asbestos and steel water pipes that are
prone to leaking and are narrower than newer lines.

Soon, the city will solicit bids for the project that will take
about a year to complete. Depending on the bid amount, not all
the pipes in question may be replaced now, said City Secretary
Lopez.

Priority will be given to the old town area, where water lines
are 4-inch asbestos pipes, Project Engineer Noe Garza said.

Once the 21,000 feet of water lines are completed, residents
will have better water pressure and none of the rusty taste that
sometimes creeps into the water from corroded pipes, Mr. Garza
said.

An inner coating in the pipes prevents direct contact between
the asbestos and the water, said Public Works Director Joe
Ramos.

"The amount of asbestos pipes we have do not pose any health
concerns but over time, the coating tends to deteriorate," Mr.
Ramos added.

The Texas Commission on Environmental Quality also requires
municipalities to test for asbestos contamination in the water
every eight years, Mr. Ramos said, adding that the city water
has never tested positive for asbestos contamination.


ASBESTOS LITIGATION: AU Union Urges Stores to Put Up Alert Signs
----------------------------------------------------------------
Warning signs should be placed in Tasmania's hardware stores to
combat the anticipated surge in fatal asbestos-related lung
disease, said Unions Tasmania, the state's peak union body.

The union said many home renovators were unaware of the risk
from even a low exposure to asbestos dust, and appropriate
warnings and advice should be displayed inside shops selling
power tools.

Secretary Lynn Fitzgerald also called for a strengthening of
requirements to report asbestos, and asbestos-related materials,
where it was found on worksites. She said consideration should
be given to extending requirements to report asbestos in private
homes too.

This followed Unions Tasmania's warning that medical experts
were predicting almost 200 Tasmanians would develop the fatal
lung condition mesothelioma over the next 20 years. The cancer
that occurs in the lining of the lungs can develop up to 40
years after a low exposure to asbestos, and the State Government
recently confirmed it would amend laws to allow those who
contracted the illness to make a common law claim.

Ms. Fitzgerald said the improved awareness of asbestos, by home
renovators and workers, was needed to limit the chance of new
exposures.

"We have been calling to ensure that people who suffer these
long-latency period illnesses have an avenue to claim
compensation. But we also need to ensure people now are not
being exposed," she said.

A total 99 Tasmanians have contracted mesothelioma from 1980 to
2001. It is generally fatal within a year of diagnosis.
The rise in asbestos use in the early 1970s is expected to cause
a spike in mesothelioma cases in 2010, with another 189 cases
projected over the next 20 years.

Liberal MHA Jeremy Rockliff has called on the State Government's
amendment of the Statute of Limitations Act to categorically
exempt any claim from people with asbestos-related illness. It
now prevents a common law claim for compensation if three years
have passed since the exposure. Attorney-General Judy Jackson
has said the law will be amended and she will investigate the
need for warning signs.


ASBESTOS LITIGATION: Medical Study Calls for Community Concern
--------------------------------------------------------------
A new study into asbestos-related diseases in the Latrobe Valley
has suggested that asbestos issues would be best addressed by a
comprehensive public and social health response with genuine
community participation.

The study, titled "Work and Health in the Latrobe Valley:
Community Perspectives on Asbestos Issues," was launched at a
community meeting in the city of Moe on September 23.

Conducted by researchers from the Center for the Study of Health
and Society at the University of Melbourne, the study was
spurred by observation that the voices and perspectives of those
most affected by asbestos disease are rarely heard in the
formulation of responses to Australia's ongoing crisis.

The setting for the study was the Latrobe Valley region of
Victoria, which has the highest burden of asbestos disease in
Victoria due to extensive use of asbestos in the past in the
power industry.

"The goal of the study was to determine how a community affected
by asbestos disease defines asbestos disease issues, and what
they think could or should be done about these issues," says Vic
Health research fellow and co-author of the report Associate
Professor Tony LaMontagne.

"The reality is that the impacts of the disease are felt across
the community. This is a community issue, not just a healthcare
issue, or a legal issue, or a union issue," he says.

The study proposes that community members participate in the
formulation and implementation of responses since currently,
actions are driven more by insurance concerns than public health
considerations. The study seeks to reverse that practice.

The researchers are hopeful that this study goes some way toward
stimulating action in this regard.


ASBESTOS LITIGATION: NH Foreman Pleads Guilty in Hotel Lawsuit
--------------------------------------------------------------
The construction foreman who worked to restore a Whitefield
hotel has pleaded guilty to one charge of illegally removing
asbestos during the renovation.

Jose Fonseca led the construction team during the revitalization
of the century-old hotel in 2001 and his plea comes on the heels
of the guilty plea by hotel owner Kevin Craffey earlier this
year in connection with the illegal removal of asbestos during
the project.

Mr. Fonseca was sentenced in Coos County Superior Court to serve
three months in the house of corrections and an additional nine
months will be deferred for two years after his release. He was
ordered to pay a US$4,000-fine and offer 100 hours of community
service. In addition, he is required to complete a number of
presentations focusing on the importance of abiding by workplace
safety standards and all environmental laws.

Last May, Mr. Craffey, who spent US$20 million restoring the
last of the state's three grand hotels to open it in 2002,
pleaded guilty to two felony counts related to the illegal
removal of asbestos from the hotel. He served two months in the
house of corrections and had an additional 22-month sentence
deferred for two years upon release. He was ordered to pay a
US$150,000-forfeiture to the state Department of Environmental
Service's Asbestos Management and Control Fund, as well as
US$82,000 in restitution to the state and to complete 150 hours
of community service in Coos County.

"Asbestos causes serious health risks to those who are exposed
to it when it is not handled properly," said New Hampshire
Attorney General Kelly Ayotte.

"The pursuit of charges against both Mr. Fonseca and Mr. Craffey
reflects the seriousness of the violations and my commitment to
enforcing the state's environmental laws," he added.


ASBESTOS ALERT: Arizona Retiree Files Federal Suit Over Asbestos
----------------------------------------------------------------
Donald H. Allen, an Arizona retiree, filed a federal lawsuit in
a U.S. District Court, claiming that he was exposed to asbestos
while working at the Lowry Air Force Base near Denver.  Mr.
Allen, 75 years old, worked for 12 years as a system analyst for
Aerojet, which had a contract at the base.  He alleges that he
unknowingly risked his health from 1986 to 1993 at the base
while working there.

The lawsuit says Air Force documents suggest that officials had
noted as early as 1987 that the building was a top priority for
asbestos abatement, however work did not begin for years.  The
suit accuses the federal government of negligence and liability.


ASBESTOS ALERT: MA Abatement Contractor Fined Over Violations
-------------------------------------------------------------
Environmental Enterprises & Associates, a Norwell-based
asbestos-abatement contractor, was fined US$67,500 this summer
when six asbestos-removal violations at several sites in
Massachusetts were discovered.

Ed Colletta, spokesman for the Department of Environmental
Protection, said violations included failure to seal asbestos in
leak-tight bags as well as a breach in an asbestos-containment
work area.

Earlier this year, DEP inspectors discovered violations at the
Center School in Abington and Wentworth Institute in Boston. The
contractor was fined for additional violations, dating back to
2000, which DEP inspectors found at the Wessagusset Elementary
School in Weymouth, Decathlon Sports in Danvers, the Lemuel
Shattuck Hospital in Boston, as well as an additional site in
Worcester.

At the Lemuel Shattuck Hospital, DEP inspectors discovered
asbestos that had not been properly sealed. It could potentially
allow fibers to become airborne and cause a human health risk.

"The proper removal of asbestos is not a process where you can
cut corners and still protect the safety of workers and the
environment," added Ed Kunce, the Regional Director of DEP's
Northeast Office in Boston.

Although the contractor's fine was initially set at US$67,500
for the violations, US$42,500 of the total has been suspended.
Colletta said EEI would only have to pay US$25,000, if it does
not violate any of the regulations again, in the next two years.

Mr. Kunce said the suspended fine "allows the contractor to
demonstrate an ability to learn from their mistakes, and by
doing so, allow everyone to benefit."

Mr. Colletta said the DEP generally offers this type of
probationary payment plan for contractors who violate asbestos
abatement.

"Asbestos cases usually have large fines because of the
seriousness of the handling of this substance," he said. "We
want to make sure companies come into compliance, but we want
them to stay in business."

Company Profile:
Environmental Enterprises & Associates Inc.
104 Longwater Drive, Unit 1
Norwell, MA 02061
Phone: (781) 982-0828
Fax: (781) 982-0830
http://www.healthyair.com

Description:
EEI offers comprehensive services including environmental
inspections to complex asbestos and lead abatement, indoor air
quality issues, and HVAC System cleaning. EEI has worked in the
environmental industry from its inception.


ASBESTOS ALERT: New Zealand Mormon Church Faces Some Violations
---------------------------------------------------------------
An investigation into the demolition of the Church of Latter Day
Saints found the contractor had not taken adequate precautions
to protect workers from asbestos. Demolition Services Hawke's
Bay was one of several contractors on the job and was
subcontracted by Walmsley Demolition at the time of the alleged
breach on June 2.

New Zealand's Occupational Safety and Health has decided to take
legal action against contractor Demolition Services Hawke's Bay,
for an alleged breach of the Health and Safety in Employment Act
1992.

OSH area Service Manager Murray Thompson said the investigation
was held into the demolition of the Church Of Latter Day Saints
after an unspecified amount of asbestos was found in floor
tiling in the building. He said that tender documents clearly
warned of the risk.

It appeared Demolition Services had failed to manage the
asbestos risk before the starting the job. The investigation had
taken nearly three months due to several parties being involved
and the difficulty of identifying who was responsible for the
alleged breach.

Under the act, a maximum fine of NZD250,000 is applicable for
failure to take all practicable steps to protect workers and
other people in the area.

The news follows a landmark New Zealand court decision that
secures what unions claim is long-delayed justice for asbestos
victims. A New Zealand District Court ruled that New Zealand's
Accident Compensation Corporation must pay lump sum compensation
to victims of asbestos diseases.

CTU President Ross Wilson said, "The current epidemic of
mesothelioma victims is one of the hidden tragedies in New
Zealand society. The ACC should set aside any idea of further
appeals and accept its responsibility to these soldiers of
industry who were never warned of this deadly hidden hazard in
their workplace."


ASBESTOS ALERT: Brazil's Victims Win GBD90MM Payout from Eternit
----------------------------------------------------------------
A European multinational is facing an asbestos disease
compensation bill in excess of GBD90 million as a result of a
Brazilian court ruling. Campaigners greeted this landmark ruling
against Eternit with much relief.

Fernanda Giannasi, a government safety inspector and founding
member of ABREA, the National Association of Asbestos Victims,
commented, "After nine years, a Brazilian court has finally
recognized the negligence of Eternit for exposing its workers to
asbestos.

"For decades, asbestos production and processing in Brazil
produced a steady stream of profits for asbestos stakeholders.
Throughout this time, the welfare of workers, consumers and the
public was of little concern."

The Public Ministry of the State of Sao Paulo brought the case
to court. It found Eternit responsible for the ill health of
affected workers and directed the company to pay compensation
and medical costs.

It is estimated the judgment could cost the company US$160
million or over GBD90 million. Adverse media coverage has hit
Eternit's ordinary share price. The company is also facing
compensation claims from workers in Europe.

Company Profile:
Eternit Building Materials
Whaddon Road
Meldreth, Nr. Royston
Herts SG8 5RL
Phone: 01763 264600
Fax: 01763 262531
http://www.eternit.co.uk

Description:
Eternit Building Materials is a leading manufacturer and
supplier of roofing and cladding systems including: natural clay
roof tiles, fiber cement and natural double lap slates,
claddings, weatherboard, building boards and profiled sheeting.


ASBESTOS ALERT: NESCO Charged With Violations of Clean Air Act
--------------------------------------------------------------
National Abatement Corporation and National Abatement
Corporation Environmental Services, Inc are co-defendants in
lawsuits involving property damage and personal injury claims
which arose in the ordinary course of business from jobsite
accidents.

On April 30, 2004, four claims were settled within limits of
applicable insurance coverage. Unsettled asserted claims did not
exceed NAC's or NACE's insurance coverage however.

On January 15, 2003, NAC and its employees were charged with
violation of the Clean Air Act in a one-count federal indictment
filed in the United States District court for the Southern
District of New York. The indictment, which relates to work
performed in January 1998, alleges that a NAC employee caused
asbestos material to be stripped from a building without
adequately wetting it, failed to lower the asbestos material to
the floor without damaging it, and not keeping the asbestos
material that had been removed wet until it was collected and
contained.

The prosecutor subsequently filed a three-count prosecutor's
information that superseded the indictment and charged NAC with
two additional violations of the Clean Air Act.

On July 1, 2003, NAC pleaded guilty to the three-count
prosecutor's information in accordance with the terms of a
negotiated plea agreement. The plea agreement and plea were
intended to conclude the proceedings commenced against NAC by
the filing of the federal indictment in January 2003.

In connection with the plea, NAC received a fine totaling
US$76,200. A five-year probationary period was also imposed on
NAC, and in addition, NAC agreed, as a condition of probation,
to not engage in any activity relating to inspection, sampling
or analysis for the presence of asbestos, removal,
transportation or disposal of asbestos, or demolition or
renovation of buildings.

This prohibition does not extend to any construction work
limited exclusively to the installation or addition of building
components to a structure, not involving the removal of any
building components or construction debris. The fine imposed
upon NAC has been paid during the first and second quarter of
2004.

Company Profile:
NESCO, Inc.
6140 Parkland Blvd
Phone: 440-461-6000
Fax: 440-449-3111
http://www.nescoinc.com

2002 (Sales)   US$1,050,000,000
1-Year Sales Growth   1.4% (est.)
2002 Employees    9,500 (est.)

Description:

The holding company's operations include industrial equipment
manufacturing, real estate investment, and staffing services.
NESCO's industrial group includes material handlers Continental
Conveyor (conveyor systems for mining) and Goodman Conveyor
(bulk conveyor equipment). Other industrial group companies
include ACC Automation, which makes dip-molding equipment for
manufacturing everything from rubber gloves to condoms, Penn
Station (copper/aluminum electrical connectors), NESCO Service
Co. (staffing), and Rogers Company (trade show exhibits).

In March 1998, Nesco acquired NAC and NACE.  By virtue of this
acquisition, the former shareholders of NAC and NACE acquired
5,000,000 shares of the Company's common stock, or 80% of the
total outstanding, immediately following the acquisition.  The
former shareholders of NAC were the same as the former
shareholders of NACE.  For accounting purposes, NAC was treated
as the acquiring corporation.


                    New Securities Fraud Cases


CARDINAL HEALTH: Marc Henzel Launches Securities Suit in S.D. NY
----------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class
action in the United States District Court for the Southern
District of Ohio on behalf of all purchasers of the common stock
of Cardinal Health, Inc. (NYSE: CAH) from October 24, 2000
through June 30, 2004 inclusive.

The complaint charges that Cardinal, Robert D. Walter, and
Richard J. Miller 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 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 form
         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 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


CERIDIAN CORPORATION: Marc Henzel Lodges Securities Suit in MN
--------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class
action in the United States District Court for the District of
Minnesota on behalf of purchasers of Ceridian Corp. (NYSE:CEN)
securities during the period between April 17, 2003 and July 19,
2004.

The complaint charges Ceridian and certain of its officers and
directors with violations of the Securities Exchange Act of
1934. Ceridian offers a broad range of managed human resource
solutions designed to help companies maximize the value of their
people by more effectively managing their work forces and the
information that is integral to human resource processes.

The complaint alleges that during the Class Period, defendants
caused Ceridian's shares to trade at artificially inflated
levels through the issuance of false and misleading financial
statements, which included the improper capitalization as assets
of certain costs which should have been expensed. Defendants
took advantage of the inflated share price by selling 216,298
shares of their individual Ceridian holdings for proceeds of
$3.9 million.

On February 18, 2004, the Company announced it would restate its
2000-2003 financials due to a revenue recognition change within
its Stored Value System business unit. The Company's stock
declined on this news. However, the stock soon recovered due to
defendants' assurances that the change was limited in scope and
would not materially impact futures results.

On July 19, 2004, the Company announced the postponement of its
Q2 04 earnings release and investor call. According to the
complaint, the defendants were struggling to conceal that the
Company's capitalization and expensing of certain costs in its
U.S. Human Resource Solutions ("HR Solutions") business were
false. This false accounting will adversely impact the Company's
Q2 04 results as well as previously reported periods and
guidance. This was the second time in as many quarters that an
accounting issue had taken center stage for the Company. On this
news, Ceridian's stock price dropped to $18.20 per share, on
volume of 6.8 million shares.

The complaint alleges that defendants' revelations indicate that
the Company's comprehensive HR Solutions deals, which often
require upfront customization work during the implementation
process, were falsely accounted for. The Company had been
capitalizing these upfront costs rather than expensing them
immediately. As a result, the prior results need to be restated.
The Company capitalized approximately $30 million of internally
developed software expenses in its HR Solutions division in
2003. If expensed, this would reduce 2003 EPS by some $0.13.

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.


CONCORD CAMERA: Vianale & Vianale Files Securities Lawsuit in FL
----------------------------------------------------------------
The law firm of Vianale & Vianale LLP commenced a securities
fraud class action lawsuit in Miami, Florida federal court on
behalf of purchasers of the securities of Concord Camera Corp.
("Concord") (NASDAQ: LENS) between August 14, 2003 and May 10,
2004, inclusive.

The complaint alleges violations of Sections 10(b) and 20(a) of
the Securities Exchange Act of 1934. Defendants concealed the
fact that the Company had a total of $12 million in obsolete
inventory that should have been written off as impaired. To
avoid this one-time large write off, defendants instead
fraudulently wrote off only portions of the impaired inventory
over the first three fiscal quarters of 2004, allowing them to
capitalize on this delay when they sold their Concord stock
before the marketplace learned of the full extent of the needed
write downs. The Company's stock dropped from $10.30 at the
beginning of the class period to under $2 where it currently
trades. CFO Richard Finkbeiner resigned on July 27, 2004, and
his replacement as CFO resigned one month later, on August 27,
2004.

For more details, contact the law firm of Vianale & Vianale, LLP
by Phone: 888-657-9960 or visit their Web site:
http://www.vianalelaw.com


EXPRESS SCRIPTS: Marc Henzel Lodges Securities Suit in E.D. MO
--------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class
action in the United States District Court for the Eastern
District of Missouri on behalf of purchasers of Express Scripts,
Inc. (NASDAQ: ESRX) publicly traded securities during the period
between October 29, 2003 and August 3, 2004.

The complaint charges Express Scripts and certain of its
officers and directors with violations of the Securities
Exchange Act of 1934. Express Scripts is one of the largest
Pharmacy Benefit Management ("PBM") companies in North America
providing PBM services to members through facilities in eight
states and Canada. Express Scripts serves thousands of client
groups, including managed care organizations, insurance
carriers, third-party administrators, employers and union-
sponsored benefits plans.

The complaint alleges that during the Class Period, defendants
caused Express Scripts' shares to trade at artificially inflated
levels through the issuance of false and misleading statements
and other illegal practices, including its improper practice of
changing patients' medications. Ultimately, Express Scripts
disclosed a number of investigations into those improper
practices, recorded additional litigation reserves of $15
million and the Company was sued by the New York Attorney
General.

The New York Attorney General lawsuit alleged that Express
Scripts conducted an elaborate scheme that inflated by millions
of dollars the costs of prescription drugs to New York state's
largest employee health plan, the Empire Plan. The lawsuit
alleged that Express Scripts:

     (1) "(e)nriched itself at the expense of the Empire Plan
         and its members by inflating the cost of generic
         drugs;"

     (2) "diverted to itself millions of dollars in manufacturer
         rebates that belonged to the Empire Plan;"

     (3) "(e)ngaged in fraud and deception to induce physicians
         to switch a patient's prescription from one prescribed
         drug to another for which Express Scripts received
         money from the second drug's manufacturer;"

     (4) "(s)old and licensed data belonging to the Empire Plan
         to drug manufacturers, data collection services and
         others without the permission of the Empire Plan and in
         violation of the State's contract;" and

     (5) "(i)nduced the State to enter into the contract by
         misrepresenting the discounts the Empire Plan was
         receiving for drugs purchased at retail pharmacies."

On the news of these investigations, Express Scripts stock fell
to $62.48 compared to a Class Period high of $79.81.

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.


INTERACTIVECORP: Schiffrin & Barroway Lodges NY Securities Suit
---------------------------------------------------------------
The law firm of Schiffrin & Barroway, LLP initiated a class
action lawsuit in the United States District Court for the
Southern District of New York on behalf of all persons who
purchased or otherwise acquired the IAC/InterActiveCorp (Nasdaq:
IACI) ("IAC" or the "Company") publicly traded securities
between March 19, 2003 and August 4, 2004, inclusive (the "Class
Period").

The complaint charges IAC, Barry Diller, Dara Khosrowshahi,
Julius Genachowski, Richard N. Barton, and Victor A. Kaufman
with violations of Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. More
specifically, the complaint alleges that 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 knew or recklessly disregarded the
         fact that its profits were being adversely impacted by
         the decreases in available discounted inventory, *such
         as discount hotel rooms and airline tickets;

     (2) that IAC had to expend additional resources in order to
         market its products and brands in the maturing Internet
         industry;

     (3) that the favorable performance of IAC's Hotels.com
         division was largely dependent on the improper booking
         of revenue; and

     (4) that as a result of the foregoing, the defendants
         lacked a reasonable basis for their positive statements
         about the Company's growth and progress.

On August 3, 2004, the Company reported its financial results
for its second quarter 2004. According to the Company, IAC's net
income fell 25 percent to $70 million. Additionally, the Company
cut its full year operating profits. The news shocked the
market. Shares of IAC fell $4.23 per share, or 15.65 percent, on
August 4, 2004 to close at $22.80 per share.

For more details, contact Marc A. Topaz, Esq. or Darren J.
Check, Esq. of Schiffrin & Barroway, LLP by Phone:
1-888-299-7706 or 1-610-667-7706 or by E-mail:
info@sbclasslaw.com


MAXIM PHARMACEUTICALS: Schatz & Nobel Lodges CA Securities Suit
---------------------------------------------------------------
The law firm of Schatz & Nobel, P.C. initiated a lawsuit seeking
class action status in the United States District Court for the
Southern District of California on behalf of all persons who
purchased the publicly traded securities of Maxim
Pharmaceuticals, Inc. (Nasdaq: MAXM) ("Maxim") between November
11, 2002 and September 17, 2004, inclusive (the "Class Period").

The Complaint alleges that Maxim and certain of its officers and
directors issued materially false statements concerning Maxim's
leading drug candidate, Ceplene, in the treatment of malignant
melanoma. Specifically:

     (1) defendants concealed positive reports that survival
         rates and the status of malignant melanoma patients
         treated with Ceplene during the original MO1 Phase III
         study were rooted in a failed, fundamentally flawed and
         deficient trial;

     (2) defendants' representation that "Maxim Pharmaceuticals
         Receives FDA Approval" was intended to convey that
         Ceplene was safe, effective and approved for use;

     (3) under the Food, Drug and Cosmetic Act, it was illegal
         to publicly promote Ceplene as a safe and effective
         treatment for any type of disease;

     (4) even though Maxim represented that the FDA "approved"
         Ceplene, no new clinical data or information
         demonstrating that the drug was effective in the
         treatment of malignant melanoma had been provided to
         the agency since it rejected the drug in 2001;

     (5) the later "confirmatory" Phase III study was in fact
         designed to refute key negative results in the MO1
         study as interpreted by panel experts at the ODAC
         (results that explained why the drug did not work);

     (6) negative results were again the likely outcome of the
         later "confirmatory" Phase III study, while positive
         results would create controversy and alone could not
         support approval of the drug for the treatment of
         malignant melanoma; and

     (7) disclosure of the negative results of the later trial
         were delayed, affording insiders an opportunity for
         trading Maxim's securities.

For more details, contact Nancy A. Kulesa by Phone:
(800) 797-5499 by E-mail: sn06106@aol.com or visit their Web
site: http://www.snlaw.net


PETMED EXPRESS: Murray Frank Lodges Securities Fraud Suit in FL
---------------------------------------------------------------
The law firm of Murray Frank & Sailer LLP initiated a class
action suit in the United States District Court for the Southern
District of Florida on behalf of all securities purchasers of
PetMed Express, Inc. (Nasdaq:PETS) ("PetMed" or the "Company")
(Frankfurt:PETS) from June 18, 2003 through July 26, 2004,
inclusive (the "Class Period").

The complaint charges defendants with violations of 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's business model enabled the company
         to experience sustained financial growth since the
         model shifted costs to veterinarians (who are the
         Company's competitors);

     (2) that the business model made the Company dependent on
         the cooperation of veterinarians to fill prescriptions;

     (3) that the defendants could not guarantee the quality,
         safety or efficacy of PetMed drugs because, as an
         unauthorized reseller of many products, the Company had
         to obtain such products through unauthorized channels,
         prompting veterinarians to refuse refilling
         prescriptions through PetMed; and

     (4) that as a result, the Company's financial results were
         not sustainable, causing the stock to trade at
         artificially high prices.

During the Class Period, while PetMed's stock price was
inflated, defendants and Company insiders sold almost $65
million in privately held PetMed's stock.

On July 26, 2004, defendants shocked the market when they
belatedly disclosed that the Company was operating well below
defendants' previous guidance and that PetMed's revenues and
earnings were well below plan. News of this shocked the market.
Shares of PetMed fell $2.07 per share or 29.70 percent, on July
26, 2004, to close at $4.90 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


RADIATION THERAPY: Brian M. Felgoise Files Securities Suit in FL
----------------------------------------------------------------
The law offices of Brian M. Felgoise, P.C. initiated a
securities class action on behalf of shareholders who acquired
Radiation Therapy Services, Inc. (NASDAQ: RTSX) securities
between June 17, 2004 and September 8, 2004, inclusive (the
Class Period).

The case is pending in the United States District Court for the
Middle District of Florida, against the company and certain key
officers and directors.

The action charges that defendants violated the 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 Brian M. Felgoise, Esq. by Mail: 261
Old York Road, Suite 423, Jenkintown, PA 19046 by Phone:
(215) 886-1900 or by E-mail: FelgoiseLaw@aol.com


RADIATION THERAPY: Charles J. Piven Lodges Securities Suit in FL
----------------------------------------------------------------
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 Radiation
Therapy Services, Inc. (Nasdaq:RTSX) between June 17, 2004 and
September 8, 2004, inclusive (the "Class Period").

The case is pending in the United States District Court for the
Middle District of Florida against defendant Radiation Therapy
Services, Inc. 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. 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, MD 21202 by Phone: 410/986-0036
by E-mail: hoffman@pivenlaw.com


THORATEC CORPORATION: Murray Frank Lodges Securities Suit in CA
---------------------------------------------------------------
The law firm of Murray, Frank & Sailer LLP announces that it
filed a complaint in the Northern District of California against
Thoratec Corporation ("Thoratec" or the "Company") (Nasdaq:THOR)
on behalf of a class (the "Class") consisting of all persons who
purchased or otherwise acquired securities of Thoratec between
April 28, 2004 and June 29, 2004, inclusive (the "Class
Period").

The Complaint charges Thoratec and certain of the Company's
executive officers with violations of federal securities laws.
Plaintiff claims that defendants' omissions and material
misrepresentations concerning Thoratec's operations and
prospects artificially inflated the Company's stock price,
inflicting damages on investors. The Complaint alleges that
defendants knew, but concealed from the investing public,
adverse facts including:

     (1) the true market for "Destination Therapy," Throratec's
         flagship treatment option for end-stage heart failure,
         was far less than claimed;

     (2) less than 75 hospital centers have been designated
         Medicare-approved for Destination Therapy, though
         defendants claimed there were approximately 900
         qualified centers in the U.S.;

     (3) Medicare had rigid, preset reimbursement guidelines and
         schedules for Destination Therapy that could only
         translate into a serious negative impact on Thoratec's
         FY 2004 sales projections for the HeartMate ventricular
         assist device;

     (4) Cardiothorasic surgeons, concerned about HeartMate's
         reliability in long-term settings, were rejecting
         and/or not accepting the device for Destination Therapy
         patients;

     (5) demand for Destination Therapy implants was not growing
         at the rate claimed;

     (6) the Company's Destination Therapy implant estimate for
         FY2004 was grossly overstated and internally projected
         to be a fraction of the estimate;

     (7) Thoratec's FY2004 revenue projections of $190-$200
         million were overstated by tens of millions;

     (8) reimbursement charges were delaying implants, and the
         Company knew that significant expansion of existing
         implant programs was delayed until the expected October
         1, 2004, availability of a significant increase in
         certain reimbursement rates;

     (9) HeartMate implant sales would be depressed until Q4
         2004, and the Company's Q1 2004 earnings shortfall
         would not be made up until Q1 2005, at best.

As a result of defendants' false statements, Thoratec's stock
price traded at artificially inflated levels during the Class
Period, increasing to $14.55 on May 24, 2004 and $14.84 on June
8, 2004, whereby the Company's top officers and directors sold
more than $143.7 million of corporate notes.

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

                            *********


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

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

                            *********


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

Class Action Reporter is a daily newsletter, co-published by
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Pennsylvania, USA, and Beard Group, Inc., Frederick, Maryland
USA.   Glenn Ruel Se¤orin, 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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