CAR_Public/041004.mbx              C L A S S   A C T I O N   R E P O R T E R

              Monday, October 4, 2004, Vol. 6, No. 196

                           Headlines

AHOLD NV: Reaches Pact With Dutch Prosecutor On Accounting Fraud
ALABAMA: Non-Custodial Parents Launch Discrimination, Fraud Suit
BAUSCH & LOMB: Lawsuit Settlement Hearing Set November 5, 2004
BAYER CORPORATION: Pleads Guilty, Pays Fine For Price Conspiracy
BF GOODRICH/MICHELIN: Recalls 46,000 Tires For Accident Hazard

BOUCHARD TRANSPORTATION: MA Landowners Sue Over 2003 Oil Spill
BRIDGESTONE/FIRESTONE: NHTSA Refuses New Probe On Steeltex Tires
CALIFORNIA: AG Opposes Measure To Limit Unfair Competition Law
CALIFORNIA: Customers Sue DWP, City, Mayor Over Revenue Fund
CANADARX.COM: FDA Intercepts Unsafe Canada Prescription Drugs

CHEVRONTEXACO: Study Reveals Cancer Deaths in Ecuador Waste Site
CYTEC INDUSTRIES: Reaches $7M Settlement in Carbon Fiber Lawsuit
DAIMLERCHRYSLER AG: NHTSA Investigating 2003 Dodge Sprinter Vans
DISTRICT OF COLUMBIA: Judge Certifies Lawsuit V. False Arrests
DUPONT DOW ELASTOMERS: Settlement Hearing Set November 19, 2004

FEDERAL EXPRESS: EEOC Lodges Same-Sex Harassment Lawsuit in IL
FLORIDA: DCF Officials Admit Children's Records Placed Online
FULL SPEED: Recalls 1,375 Quick Releases Due To Injury Hazard
GOODMAN COMPANY: Recalls 875T PTAC/Heat Pumps Due To Fire Hazard
INTERNET AMERICA: Faces Possible Growth Capital Securities Suit

MEMPHIS LIGHT: Discovery in TN Consumer Lawsuit Marred By Delays
MERCK & CO.: Pulls Vioxx Due To Risks, Faces Numerous Suits
MERCK & CO.: Voluntarily Recalls Vioxx Drug Due To Health Risks
POLMONE INC.: Settles CA Consumer Suit V. Late Model Handhelds
RAYTHEON COMPANY: Suit Settlement Hearing Set December 6, 2004

SERVICE CORPORATION: Settlement Hearing Set November 4, 2004
SENECA FOODS: Recalls Canned Beets Due To Possible Contamination
SMART & FINAL: Recalls Dry Milk Due To Salmonella Contamination
SPECIALIZED BICYCLE: Recalls 1.5T Bicycles Due To Injury Hazard
UNITED STATES: Panel Calls For Anti-Obesity Action to Aid Kids

                  New Securities Fraud Cases

AQUILA INC.: Charles J. Piven Lodges 401(k) ERISA Lawsuit in KS
AQUILA INC.: Keller Rohrback Initiates Investigation Over ERISA
CONCORD CAMERA: Lasky & Rifkind Lodges FL Securities Fraud Suit
CP SHIPS: Bernstein Liebhard Lodges Securities Fraud Suit in NY
DIGIMARC CORPORATION: Charles J. Piven Lodges OR Securities Suit

FANNIE MAE: Spector Roseman Lodges Securities Fraud Suit in DC
INFINEON TECHNOLOGIES: Lerach Coughlin Lodges CA Securities Suit
INTERACTIVECORP: Lasky & Rifkind Lodges NY Securities Fraud Suit
KONGZHONG CORPORATION: Bernstein Liebhard Files Stock Suit in NY
REMEC INC.: Schiffrin & Barroway Lodges Securities Lawsuit in CA

STAAR SURGICAL: Charles J. Piven Lodges Securities Lawsuit in NM
STAAR SURGICAL: Murray Frank Lodges Securities Fraud Suit in CA
ST. PAUL TRAVELERS: Pomerantz Haudek Files Securities Suit in MN
TOMMY HILFIGER: Lasky & Rifkind Lodges Securities Lawsuit in NY
TOMMY HILFIGER: Milberg Weiss Lodges Securities Fraud Suit in NY

TOMMY HILFIGER: Wechsler Harwood Lodges Securities Lawsuit in NY
TOMMY HILFIGER: Wolf Popper Lodges Securities Fraud Suit in NY
UNITED RENTALS: Charles J. Piven Lodges Securities Lawsuit in CT
UNITED RENTALS: Shepherd Finkelman Lodges Securities Suit in CT


                            *********


AHOLD NV: Reaches Pact With Dutch Prosecutor On Accounting Fraud
----------------------------------------------------------------
Food retailer Royal Ahold NV reached an agreement with the Dutch
public prosecutor, agreeing to pay EUR8 million (US$10 million)
to avoid charges after it revealed that its U.S. Foodservice
unit inflated profits by more than US$1 billion, Anchorage Daily
News reports.

Peter Wakkie, board member and chief of legal matters at Ahold,
said the settlement "will prevent a lengthy, costly and time-
consuming legal procedure and another investigation into the
past," Anchorage Daily News reports.  While the settlement lifts
the threat of criminal prosecution, "the gate is now open for
civil suits by private investors," Eureffect fund manager Gert-
Jan Geels said.

The Company still faces a probe initiated by the United States
Securities and Exchange Commission, and several shareholder
class actions filed in the United States.  If Ahold loses the
class action, it could end up paying "several billions of
dollars," attorney Andrew Entwistle, who is representing the
class, told Anchorage Daily News.

Analysts estimate that the total fines and settlements Ahold
faces could reach as much as $1.2 billion.  The company spent
170 million euros ($209.6 million) on legal fees in 2003.


ALABAMA: Non-Custodial Parents Launch Discrimination, Fraud Suit
----------------------------------------------------------------
The state of Alabama faces a class action filed on behalf of
more than 250,000 parents who don't have custody of their
children, the Montgomery Advertiser reports.  The suit names as
defendants Gov. Bob Riley and state Attorney General Troy King.

Auburn resident Richard Weiss filed the suit in the United
States District Court in Montgomery, alleging the state
discriminates against non-custodial parents.  The suit alleges
rampant mistreatment, fraud and "abuse of powers," saying that
the state has, for years, trampled on their rights, denying them
equal treatment, ordering excessive child support payments and
robbing them of due process and equal protection.

The suit further alleges "widespread practices" by the state in
determining the care, custody and financial support of children.
The state allegedly did not ensure non-custodial parents equal
time with their children, thereby depriving them of a
relationship with their children.  The state also taxed them
unfairly.  The suit further asserts that the state has a
"standard pattern, practice and even an unwritten policy of
deliberate indifference" to noncustodial parents and their
rights.

The suit also claims that child support payments, based on
income shares, are "inherently erred" and "have no basis in fact
or established data."  In addition, the suit claims, the state
has no method of "reasonable accountability" for proving that
the child support paid is actually used for the children for
whom it is intended.

The suit asks the court to give equal custodial status for all
"fit" noncustodials, to prohibit custodial parents with minors
from moving more than 60 miles away from their original physical
residence and to abolish all child support forfeitures, such as
revoking drivers' or professional licenses, the Montgomery
Advertiser reports.  Plaintiffs also want the court to prevent
their children's names or surnames from being changed without
mutual consent and to establish "neutral" visitation centers
staffed by professionals.

"Parents are tired of being mistreated as second-class citizens
by state courts," Torm Howse, president of the Indiana Civil
Rights Council, said in a statement, according to the
Advertiser.   His organization is coordinating the national
class action suit.  "We are trying to protect the right of all
fit parents to share equally in the custody and care of their
children."

"The family courts all across the country have been
systematically denying parents their rights to their children,"
Mr. Weiss said.  "They have been depriving us of our right to
raise our children and to be with our children. They routinely
violate our constitutional rights as parents."

Similar suits have been filed in 28 states this week,
representing an estimated 25 million noncustodial parents.  Mr.
Weiss told The Advertiser more states are sure to follow.  "It's
a uniform class action suit, and we are hoping to have all the
class action suits consolidated for all 50 states and have a
national class action suit," he said.

Suzanne Webb, spokeswoman for the attorney general's office,
confirmed Wednesday that the office had received the complaint,
but added: "We do not have any comment at this time," the
Advertiser reports.


BAUSCH & LOMB: Lawsuit Settlement Hearing Set November 5, 2004
---------------------------------------------------------------
The United States District Court for the Western District of New
York will hold a fairness hearing for the proposed settlement
for the class action filed against Bausch & Lomb, Inc. on behalf
of all persons and entities who purchased or otherwise acquired
the common stock of the Company during the period Junuary 27,
2000, through and including August 24, 2000.

The hearing will be held before the Honorable Charles J.
Siragusa, United States District Judge, on November 5, 2004, at
2:00 p.m. in Courtroom 1560 of the United States District Court
for the Western District of New York, 100 State Street,
Rochester, NY 14614.

For more details, contact the Claims Administrator - In re
Bausch & Lomb, Inc. Securities Litigation c/o The Garden City
Group, Inc. by Mail: P.O. Box 9000 #6249, Merrick, New York
11566 OR Wolf Haldenstein Adler Freeman & Herz, LLP by Mail: 270
Madison Ave., 11th Floor, New York, NY 10016 or by Phone:
(212) 545-4600 by Phone: (800) 330-3565


BAYER CORPORATION: Pleads Guilty, Pays Fine For Price Conspiracy
----------------------------------------------------------------
Bayer Corporation, the U.S. subsidiary of Bayer AG of Germany,
has agreed to plead guilty and pay a $33 million criminal fine
for its involvement in a conspiracy to fix chemical prices, the
Justice Department announced, the Associated Press reports.

The Company faces charges of conspiring to suppress market
competition by fixing the prices of polyester polyols, a
chemical used to strengthen grocery bags and numerous consumer
products, from 1998 to 2002.

According to court papers filed Thursday in U.S. District Court
in San Francisco, California, the Company pleaded guilty to the
charges. The plea agreement must be approved by the court.

"Today's charge represents a significant step in our continuing
effort to eliminate illegal cartel activity," said R. Hewitt
Pate, assistant attorney general for the Justice Department's
antitrust division, AP reports.  A statement Thursday from
Pittsburgh-based Bayer Corp. says the company "has cooperated
with the department during the investigation."


BF GOODRICH/MICHELIN: Recalls 46,000 Tires For Accident Hazard
--------------------------------------------------------------
BF Goodrich/Michelin is cooperating with the National Highway
Traffic Safety Administration by voluntarily recalling 46,000
tires, namely:

     (1) 109S MEDALIST TRAIL A/P / P255/70R16

     (2) 112S UNIROYAL LAREDO A/S / P265/75R15SL

     (3) 114S UNIROYAL LAREDO AWP / P265/75R16

     (4) AMERICAN PROSPECTOR AP / P255/70R16

     (5) BFGOODRICH / LT235/70R16

These tires were manufactured between April 11 and April
24,2004.  The tires will manifest a lack of adhesion between the
steel belt cords and the surrounding rubber matrix which could
lead to a tread/belt detachment.  This condition could result in
a loss of vehicle control, possibly resulting in a vehicle
crash.

Michelin will notify its customers and replace the tires free of
charge.  For more information, contact the NHTSA's auto safety
hotline: 1-888-DASH-2-DOT (1-888-327-4236).


BOUCHARD TRANSPORTATION: MA Landowners Sue Over 2003 Oil Spill
--------------------------------------------------------------
Bouchard Transportation faces a class action filed by three
Mattapoisett, Massachusetts land owners, whose waterfront
property was damaged by an oil spill in Buzzards Bay last year,
the Associated Press reports.

The suit, filed in Plymouth Superior Court, was filed on behalf
of all residential property owners from Falmouth to Westport
whose property was harmed can be included.  The 55,000 gallon
oil spill polluted 100 miles of shoreline, killed 450 birds and
shit down 90,000 acres of shellfishing grounds for months.

The three land owners -- Kim Deleo, Francis Haggerty and Earl
Cornish -- have seen dramatic changes on their land since the
April 2003 spill, said their attorney, Martin Levin, according
to AP.  "They tried everything they could to have Bouchard
repair their beach and it didn't appear that, short of
litigation, it would happen," he said.

"I am aware of the lawsuit," Morton Bouchard, the company's
owner, told the Standard-Times of New Bedford, Mass.  "It has
been given to our attorneys and they are going to handle it in
the appropriate manner."

The federal government has already fined the Company $10 million
for criminal negligence.  The company had repeatedly been warned
before the spill that one of its tugboat's key crewmembers
wasn't competent to guide an oil barge, according to court
documents.  No one was manning the tugboat's wheelhouse when the
barge's hull was gashed open on a rocky ledge after going a
quarter-mile astray, AP reports.


BRIDGESTONE/FIRESTONE: NHTSA Refuses New Probe On Steeltex Tires
----------------------------------------------------------------
The National Highway Traffic Safety Administration (NHTSA)
refused to reopen an investigation into Bridgestone/Firestone's
Steeltex tires, because their show the tires aren't more likely
to fail than other tires, the Associated Press reports.

Bridgestone/Firestone has made more than 40 million Steeltex
tires since 1990.  Most are used on heavy-duty vehicles such as
pickups, sport utility vehicles, ambulances and motor homes.

In late 2000, federal regulators linked 271 deaths and more than
800 injuries Firestone tires, many in accidents involving
Explorers that rolled over after deadly blowouts on U.S.
highways.

In September 2000, the NHTSA opened a defect investigation into
Steeltex tires in September 2000, and closed it on April 9,
2001.  The agency noted the failure rate for Steeltex tires was
below that of similar tires made by other manufacturers, an
earlier Class Action Reporter story (November 11,2001) states.

The National Highway Traffic Safety Administration said it has
received reports of 1,451 tire failures on Steeltex tires made
after 1995, including 908 tread separations, and that the tire
failures have caused 51 deaths.  NHTSA's analysis excluded
300,000 Steeltex tires from 2000-2003 Ford Excursions that were
recalled by Bridgestone/Firestone.  The agency said the rate of
tire failure was not higher than normal, especially since
Steeltex tires are often used under severe conditions.


CALIFORNIA: AG Opposes Measure To Limit Unfair Competition Law
--------------------------------------------------------------
Attorney General Bill Lockyer, California's top prosecutor
recently expressed his opposition to Proposition 64, saying the
November 2 ballot measure would "crack a cornerstone of
California's environmental protection structure," the Associated
Press reports.

Backed by a number of major corporations, particularly by auto
manufacturers, Proposition 64 would limit lawsuits filed under
the state's unfair competition law.

Supporter say that the 71-year-old unfair competition law allows
individuals, interest groups, other companies and even
prosecutors to sue to stop practices that allegedly give a
business an unfair advantage over competitors or defraud
consumers.

However, critics argue that the law has also been used by
unscrupulous attorneys to intimidate small businesses into
settling lawsuits that were filed because of minor violations,
such as failing to post a business license or using the wrong
print size in ads. According to them, Proposition 64 would
remedy these kinds of abuse by barring anyone other than the
attorney general or a local prosecutor from filing an unfair
competition lawsuit unless they could show they had been injured
or lost money or property because of the business' conduct.

Furthermore, the measure would also require that unfair
competition suits filed for a group of people by someone other
than the attorney general or another prosecutor qualify as
class-action cases and thus earmark any unfair competition fines
for enforcement of consumer protection laws.

Attorney General Lockyer though pointed out that the radical
proposition would hamper environmental lawsuits because natural
resources can be damaged without causing injury or financial
loss to a particular individual or group and that the same
requirement could also cripple the use of the unfair competition
law to enforce financial privacy and identity theft statutes.

The attorney general also told AP that prosecutors don't have
the resources to go after all violators, since they are going
through deep budget cuts.

David Houston, chairman of a group called the Coalition for
Reform of Frivolous Lawsuits, one the proposition's supporters
insists that the attorney general himself has acknowledged there
are abuses, but has chosen to perpetuate the problem by opposing
Proposition 64's reasonable reforms.


CALIFORNIA: Customers Sue DWP, City, Mayor Over Revenue Fund
------------------------------------------------------------
Five Department of Water and Power customers have filed a class
action lawsuit against DWP, the City of Los Angeles, Mayor James
Hahn and City Council members from the year 2000 to the present.
The lawsuit demands that DWP and The City of Los Angeles stop
transferring hundreds of millions of so-called "surplus" dollars
from DWP's Water Revenue Fund and Power Revenue Fund into the
City's Reserve Fund, while DWP is in serious debt. Since the
beginning of fiscal year 2000-2001, more than $800 million in
DWP funds have been transferred to city bank accounts. DWP is
currently $1 billion in debt and over the past four years has
been in as much debt as $4 billion.

The plaintiffs in the case are all DWP ratepayers; Frank Jacobs,
Harry M. Nakada, Robert Wynn, Anna M. Kinzle and Soledad
Alatorre. The class includes all Los Angeles residents who paid
DWP for water and power service between January 1, 2000 and the
present.

Attorney for the plaintiffs, Stephen Garcia said, "These are DWP
customers who paid their utility bills in good faith, only to
find they've been subsidizing the City of Los Angeles with a
secret and inappropriate tax."

The class action lawsuit claims that transferring so-called
"surplus money" to the City's Reserve Fund is an unlawful
practice that violates the Los Angeles City Charter and other
codes, statutes, ordinances, regulations and policies. The suit
demands that the City of Los Angeles and the Department of Water
and Power be prohibited from illegally transferring money from
DWP's Water Revenue Fund and the Power Revenue Fund -- into the
Reserve Fund of the City of Los Angeles. It also demands that
the City and DWP be prevented from spending any of the more than
$800 million that have been transferred from DWP to the City's
bank account, that the money be returned to DWP's Water and
Power Revenue Funds and then refunded to DWP customers who paid
for Water and Power Services from 2000 to the present.

The lawsuit also says a recent 11% rate increase is unnecessary
and unlawful, and should be rolled back. The lawsuit demands
that DWP not spend any of that additional money -- and that DWP
refund that rate increase money to customers. That rate
increase, which went into effect in June, is expected to
generate an additional $60-million a year in revenue.
Coincidentally on June 25, 2004, the City Council adopted an
Ordinance that transferred $60 million from the Power Revenue
Fund of the Department of Water and Power to the Reserve Fund of
the City of Los Angeles.


CANADARX.COM: FDA Intercepts Unsafe Canada Prescription Drugs
-------------------------------------------------------------
The United States Food and Drug Administration intercepted 439
packages of prescription drugs purportedly sent from Canada,
which were allegedly made and shipped elsewhere, the Associated
Press reports.  These prescription drugs had been subject to
Canadian recall and had cheaper generic counterparts in the
United States.

Customs agents in Miami, Florida intercepted the packages that
were ordered by Americans from the Website www.CanadaRx.com.
The agents said the drugs were shipped from CanadaRx's office in
the Bahamas.  None appeared to have been made in the United
States.  Many had unstated dosages and suspicious labels.  Some
appeared to have been made in Singapore, Japan and New Zealand.

In a letter to Rep. Bernard Sanders, I-Vt., and four other
members of Congress, FDA associate commissioner for policy and
planning William Hubbard said that fully half of the intercepted
drugs had generic equivalents for sale cheaper in the US.

"What we're trying to paint in this letter is a series of ...
abnormalities," Hubbard said.

The agency also alleged that CanadaRx opened the division in the
Bahamas to evade regulation by either American and Canadian
authorities.  The Web site says the company works with many
pharmacies licensed in Canada to help Americans avoid paying
higher prices for medications than Canada offers.

Harvey Organ, an owner of the company, said the move to the
Bahamas was forced by pharmaceutical companies that cut supplies
to prevent surplus Canadian drugs from being sold to Americans,
AP reports.

Mr. Sanders criticized the FDA for siding with the
pharmaceutical industry.  "Frankly, the issue is not about one
or another particular importer," he said in a prepared
statement, according to AP. What matters is that "millions of
Americans who are buying safe, effective and affordable
medicines from licensed, well-regulated pharmacies in Canada."

Mr. Hubbard countered, "When a drug has a safety concern, that
should be as important as the savings."


CHEVRONTEXACO: Study Reveals Cancer Deaths in Ecuador Waste Site
----------------------------------------------------------------
A study published by the prestigious International Journal of
Occupational and Environmental Health, released during a
historic $6 billion trial in Ecuador against ChevronTexaco
found that 91 children have died from cancer where Texaco (now
ChevronTexaco) dumped millions of gallons of toxic waste in the
South American country from 1971 to 1991.

The study also found that children under the age of 15 are three
times more likely to contract cancer in the area where Texaco
operated than in other areas of the country, and that rates of
cancer in the area studied were highest among children under the
age 4.  The numbers cited cover the years 1985 to 2000 and were
derived from the National Cancer Registry in Ecuador, which only
documents cases where the victims have seen a doctor that
reports the cancer.  The study indicates that the number of
cases may be significantly higher as many people in Ecuador
cannot afford medical care and do not see a doctor before death.
The study also emphasized that in the affected area there are no
hospitals with equipment to detect and treat cancer.

The authors of the study are Dr. Anna-Karin Hurtig, a Swiss
national, and Dr. Miguel San Sebastian, from Spain.  The study
is available at: http://www.ijoeh.com/index.html.

"This study cites irrefutable statistics to strongly suggest
that the delayed impact of Texaco's irresponsible drilling
practices in Ecuador are killing innocent children in vast
numbers," said Shannon Wright, Associate Director of Amazon
Watch, a non-profit organization that works to protect the
Amazon rainforest and defend forest peoples.  "Our fear is this
number grossly underestimates the impact, and that many more
children have died.  ChevronTexaco fails to even mention the
Ecuador disaster in its recently released Corporate
Responsibility Report."

The case is currently in trial in an Ecuador court, with a
decision expected next year.  It is the first trial in history
where rainforest dwellers have gained legal jurisdiction over an
American oil company.

"This is a powerful study that shows scientifically that infants
are dying of cancer due to the oil contamination caused by
Texaco," said Humberto Piaguaje, leader of the Secoya tribe, one
of the five indigenous groups suing the company on behalf of a
class of 30,000 victims, in a statement.

David Russell, a North American environmental scientist who has
studied the contaminated area, said: "This data confirms what
experts have been warning would happen because of shoddy waste
disposal practices by Texaco.  Because the groundwater is
contaminated, it is probable that hundreds more will die of
cancer in the coming years if there is no clean-up."

Texaco left behind over 600 toxic waste pits in the area and
dumped 4.3 million gallons of toxic water daily in the Amazonian
provinces in Ecuador - approximately 30 billion gallons during
the 20 years Texaco operated this region's oil fields.

"This might be the worst oil disaster of all time," stated Mr.
Russell.  "For example, the much publicized Exxon Valdez
incident of 1989 spilled 10 million gallons, a fraction of what
was dumped in Ecuador.  In Ecuador, the dumping was done
systematically to save money, while the Valdez disaster was an
accident."

Amazon Watch calls on ChevronTexaco to address the environmental
and health impacts of its operations in Ecuador and will
continue to host delegations of affected people to the company's
hometown of San Ramon, California.


CYTEC INDUSTRIES: Reaches $7M Settlement in Carbon Fiber Lawsuit
----------------------------------------------------------------
Cytec Industries Inc., (NYSE:CYT) signed a stipulation of
settlement with the plaintiffs in the carbon fiber federal class
action lawsuit for alleged price fixing for $7.0 million. The
settlement is subject to court approval.

David Lilley, Chairman of the Board, President and Chief
Executive Officer commented, "While we deny all charges of
wrongdoing and in fact believe we would have been a victim of
any conspiracy among carbon fiber manufacturers, the costs of
further defending ourselves far outweighed the cost of
settlement. We have eliminated any further risk related to this
litigation and future periods will be relieved of the ongoing
defense costs we have been incurring. Importantly, we can keep
our focus on the many exciting opportunities for the near and
longer term in our Specialty Materials segment."

As a result of the above and including several other minor
litigation matters, the Company anticipates recording a pretax
charge of $8.0 million ($6.2 after tax or approximately $0.15
per diluted share) to third quarter, 2004 earnings.


DAIMLERCHRYSLER AG: NHTSA Investigating 2003 Dodge Sprinter Vans
----------------------------------------------------------------
The National Highway Traffic Safety Administration (NHTSA) is
investigating DaimlerChrysler AG's Dodge Sprinter van from the
model years after getting reports that tires can deflate
unexpectedly, the Associated Press reports.  The investigation
includes approximately 16,397 vans on the road.

According to the NHTSA, five people have reported that one or
more tire valves failed on their vans, causing the tires to
deflate without warning.  None of the reported failures caused
crashes or injuries, NHTSA said, according to AP. In each case,
the valves failed when the vehicles had been driven between
6,000 and 28,000 miles.


DISTRICT OF COLUMBIA: Judge Certifies Lawsuit V. False Arrests
--------------------------------------------------------------
Washington, DC Superior Court Judge Zoe Bush has certified the
largest class action lawsuit ever filed for police and
prosecutorial misconduct.

The suit seeks to force DC police to expunge arrest records of
more than 3,500 young people who were charged with underage
possession or consumption of alcohol between spring 1997 and
this past summer. Under District law, underage possession or
consumption of alcohol is a civil, not criminal, offense.

"In the post-9/11 era, it complicates a young person's life to
have an arrest record, even for something that is usually seen
as a minor offense," said Carol Elder Bruce, a Venable
litigation partner who represents the class. "Moreover, being
arrested, handcuffed in public, fingerprinted, and held in jail,
and having your mug shot taken, is a miserable experience, and
it is clearly not one that these individuals should ever have
had to go through."

The suit alleges an ongoing pattern of police and prosecutorial
misconduct including false arrests and prosecutions, negligence
and infliction of emotional distress. It names police and police
officials, prosecutors and the mayor, in their official
capacities -- and as individuals, which carries a potential for
individual liability.

Many of those arrested were held in jail for extended periods
and had to miss classes to attend court. Almost all ultimately
had to perform community service. In addition, the police
reported the arrests to school disciplinary boards and to
parents. Many of the arrestees and their parents had to pay for
attorney representation in court and in efforts to get records
sealed.

Judge Zoe Bush certified the class under what is known as the
civil rights sub-section of the local class action rules, which
track the federal rules. Under that rule, the class is
mandatory, automatically pulling in everyone around the country
who had been arrested on similar charges in Washington, DC since
April 9, 1997. Nearly all of the class members attended DC-area
colleges including Georgetown and George Washington University,
but most are now dispersed around the country.

In May, Judge Bush issued a preliminary injunction against the
District. The DC City Council later passed emergency legislation
to permanently stop the arrests and prosecutions.

The case is styled John Doe II, et. al. v. District of Columbia,
et. al.

For more details, contact Venable LLP by Phone: 1-800-VENABLE or
by E-mail: info@venable.com


DUPONT DOW ELASTOMERS: Settlement Hearing Set November 19, 2004
---------------------------------------------------------------
The United States District Court for the Southern District of
Massachusetts will hold a fairness hearing for the proposed $36
million settlement in the matter of ALCO INDUSTRIES, INC. v.
DUPONT DOW ELASTOMERS LLC (Case No. 1:04CV00588) on behalf of
all persons and entities who purchased Polychloroprene ("PCP")
in the United States and all persons and entities who purchased
PCP from a facility located in the United States directly from
the following:

     (1) DuPont Dow Elastomers LLC and its Related Distributors
         DuPont Canada, Inc. and DuPont Mexico S.A. de C.V.;

     (2) Bayer AG;

     (3) Bayer Corporation;

     (4) Bayer Polymers LLC;

     (5) Polimeri Europa S.r.l.;

     (6) Polimeri Europa Americas, Inc.;

     (7) Enichem S.p.A.; and

     (8) Enichem Americas, Inc. at any time during the period
         January 1, 1999 to December 31, 2003 (the "Class
         Period").

The Court will hold a hearing on November 19, 2004 at 11:00 a.m.
at the E. Barrett Prettyman Federal Courthouse, 333 Constitution
Avenue, N.W., Washington, D.C. 20001.

For more details, contact In Re: PCP Antitrust Litigation c/o
Gilardi & Co. LLC by Mail: P.O. Box 5100, Larkspur, CA 94977-
5100 or visit their Web site:
http://www.PCPantitrustlitigation.com


FEDERAL EXPRESS: EEOC Lodges Same-Sex Harassment Lawsuit in IL
--------------------------------------------------------------
The U.S. Equal Employment Opportunity Commission initiated a
class action lawsuit against Federal Express Corporation (FedEx)
for alleged sexual harassment of male couriers at a facility in
Illinois, the Washington Times reports.

The suit charges the world's largest express delivery company of
permitting sexual harassment of male employees by another male
employee and of retaliating against a courier who repeatedly
complained to management by cutting his hours.

According to EEOC officials the alleged verbal and physical
harassment continued for at least three years before the
harasser was fired for assaulting an employee. Furthermore the
EEOC adds that the harassment occurred at a FedEx facility in
Kankakee, Illinois, that employed about 30 workers.

John Rowe, director of the EEOC's Chicago district office told
the Times that "One of the striking things revealed by our
investigation was that one of the harassment victims complained
not just once, but repeatedly, and FedEx's response was
negative."


FLORIDA: DCF Officials Admit Children's Records Placed Online
-------------------------------------------------------------
Florida Department of Children & Families officials acknowledged
that confidential records for nearly 4,000 abused and neglected
children were accessible on an website until this week,
according to the Miami Herald.

Files of the children were accessible on the Web site of Kids
Central, a privately run child welfare agency.  The records
include the names of foster children, birth dates, Social
Security numbers, photographs and case histories.  They even
provided directions and maps to children's foster homes.

The Department immediately had the web site shut down after The
Miami Herald alerted them, Janice Johnson, chief executive
officer of Kids Central stated.  There is no evidence that any
child was harmed as a result of the problem, The Herald reported
in a story Thursday.

Kids Central began phasing in the computer system, called
CoBRIS, around April or May.  It was designed to let private
caseworkers access the state's child welfare computer system,
called HomeSafenet, using the Internet.  The confidential
information was available because computer help desk officials
allowed all support requests to be viewed online, without
passwords.  Many of the requests came from caseworkers who had
trouble gaining access to HomeSafenet.  Some of the replies
included user names and passwords to access the confidential
files.

"We take very, very seriously the confidentiality of client
information; it is paramount to what we do," Ms. Johnson told
the Herald.  "We have already made changes. We are resetting
every password, and we are changing the process by which we give
out passwords."

"We [took] immediate action when it became apparent there was a
flaw," said Don Thomas, the state agency's top administrator in
the central Florida.

"Who in the world is responsible for monitoring this kind of
stuff?" said Chelly Schembera, a retired child-welfare
administrator, The Herald stated.  "This is a gross violation of
confidentiality, and it compromises the integrity of the entire
system."


FULL SPEED: Recalls 1,375 Quick Releases Due To Injury Hazard
-------------------------------------------------------------
Full Speed Ahead, Inc. of Woodinville, Washington is cooperating
with the United States Consumer Product Safety Commission by
voluntarily recalling about 1,375 sets Full Speed Ahead (FSA)
Scatto bicycle wheel quick releases.

An internal part in the lever mechanism can break, reducing
clamping effectiveness and rendering the unit inoperable,
potentially causing a bicyclist to fall.

There have been 12 reports of the quick release mechanism
failing, but no injuries have been reported.

The Full Speed Ahead Scatto quick release was sold as standard
equipment for RD-400 and XC-300 bicycle wheelsets and also
separately. The levers are laser etched "FSA" and the end pieces
have a distinctive round shape.

Manufactured in Taiwan, the units were sold at bike shops,
catalogs, and Web sites nationwide from October 2003 through
September 2004 for $49.95 per set.

Remedy: Free replacement. Consumers should stop using the quick
releases and call Full Speed Ahead toll-free at (877) 743-3372
from 8 a.m. to 5 p.m. PT Monday through Friday, or write to Full
Speed Ahead, Inc., 12810 NE 178th St #102, Woodinville, WA
98072.


GOODMAN COMPANY: Recalls 875T PTAC/Heat Pumps Due To Fire Hazard
----------------------------------------------------------------
Goodman Company, L.P., of Houston, Texas is cooperating with the
United States Consumer Product Safety Commission by voluntarily
recalling about 875,000 Package Terminal Air Conditioner/Heat
Pump (PTAC).

Fire hazard results from this chain of events: filter becomes
clogged due to lack of maintenance, severely restricting airflow
and resulting in elevated internal temperature; this may cause
two safety switches to stop working during the product's
expected life. If the blower wheel stops when the product is
operated in the heating mode, a fire hazard can develop.

Goodman received 29 confirmed reports of units overheating,
including eight instances where the PTAC ignited and, in some
cases, caused minor property damage. No injuries have been
reported.

These PTACs are owned mainly by commercial and institutional
organizations and are used in the lodging industry, apartments,
hospitals, nursing homes and assisted living facilities,
schools, and government buildings. A small number of the
recalled units are owned by individual homeowners. The PTACs are
beige in color and are intended for through-the-wall
installation. Goodman manufactured all of the recalled units,
which were sold under the Amana, Trane, and American Standard
brand names. Goodman and Trane/American Standard are separate,
unrelated entities. The recalled PTACs consist of Amana brand
units manufactured from January 1996 through March 2003, and
Trane and American Standard brand units manufactured from
January 1996 through August 2002, that use electric heaters
rated at 3.5 kilowatts (kW) or greater.

Brand Name = Serial = Model Numbers

Amana = Serial numbers begin with 96, 97, 98, 99, 00, 01, 02,
0301, 0302, or 0303 = Model numbers begin with:
PTH073A35; PTH074A35; PTH093A35; PTH093A50; PTH094A35;
PTH094A50; PTH123A35; PTH123A50; PTH124A35; PTH124A50;
PTH153A35; PTH153A50; PTH154A35; PTH154A50; PTC073A35;
PTC074A35; PTC093A35; PTC093A50; PTC094A35; PTC094A50;
PTC123A35; PTC123A50; PTC124A35; PTC124A50; PTC153A35;
PTC153A50; PTC154A35; PTC154A50

Trane and American Standard = Serial numbers begin with A96,
A97, A98, A99, A00, A01, A02 = Model numbers begin with:
PTHC0701G; PTHC0702G; PTHC0901G; PTHC0901J; PTHC0902G;
PTHC0902J; PTHC1201G; PTHC1201J; PTHC1202G; PTHC1202J;
PTHC1501G; PTHC1501J; PTHC1502G; PTHC1502J; PTEC0701G;
PTEC0702G; PTEC0901G; PTEC0901J; PTEC0902G; PTEC0902J;
PTEC1201G; PTEC1201J; PTEC1202G; PTEC1202J; PTEC1501G;
PTEC1501J; PTEC1502G; PTEC1502J

The serial and model numbers are below the operating controls
under the front cover assembly. To check the serial and model
numbers, remove the front cover by pulling it from the bottom
straight out until the clips release, then lifting it up. For
some units, it is first necessary to remove two ¬" screws (in
the filter compartment) that secure the front cover.

Manufactured in the United States, the units were sold by Amana,
Trane, and American Standard representatives sold the PTACs to
hotels/motels, hospitals, assisted living facilities, schools,
and apartment complexes. Heating, ventilation and air
conditioning distributors and resellers sold the units to
commercial customers and, in some cases, homeowners. The
recalled units were sold throughout the U.S. and parts of Canada
between January 1996 and March 2003.

Free thermal safety limit switch. Commercial and institutional
owners will install the replacement switch themselves.
Individual homeowners can get a free repair. Contact the Goodman
Hotline to receive the free replacement thermal safety switch.
Inspect and clean the air conditioner/heat pump filters
immediately to remove any imminent hazard. Continue to clean
these filters every 30 days in accordance with manufacturer's
recommendations which can be found at www.regcen.com/PTAC

Owner Contact: Call the Goodman Hotline at (800) 729-6122
between 7 a.m. and 6 p.m. CT Monday through Friday. Owners can
submit a PTAC Recall Information Form at Goodman's Web site
http://www.regcen.com/PTAC


INTERNET AMERICA: Faces Possible Growth Capital Securities Suit
---------------------------------------------------------------
Growth Capital Corporation, a shareholder of Internet America,
Inc. (OTCBB: GEEK), recently issued these statements:

"As a shareholder of Internet America, we participated in the
4th Quarter Conference Call held yesterday morning by Internet
America. Numerous questions were asked, one of which was
pertaining to the September 22, 2004 acquisition of the
Interlink Computer Connection and Interlink Wireless, a regional
Texas Internet Service Provider with more than 2,000 residential
and corporate customers. A question posed to Mr. Billy Ladin,
Jr., CEO and President of Internet America was asking what the
terms were of the acquisition, and whether it was an all cash,
all stock, or a combination of both transaction.

To our amazement, Mr. Ladin replied that upon advice of their
legal counsel, they are not divulging this information. As a
shareholder we are flabbergasted that in the era of corporate
scandals, the head of a publicly held company would think that
it is none of the shareholders' business what they paid for a
company that they have just acquired.

Corporate governance and SEC rules require a publicly held
company to file an 8K report within 4 business days with the SEC
if the acquisition was a material event. If not, fair and
factual reporting in a press release should have stated that it
was not a material acquisition. Since Internet America, as per
their SEC filings, had 58,000 subscribers as of June 30, 2004,
(after having lost close to half of their subscriber base since
2002), the addition of 2,000 or more subscribers represents an
approximate 3.5% increase in customer base.

We see this latest indifference of Internet America's Management
to their fiduciary duty to shareholders as yet another attempt
of current Management to do as they please without regard to
what is in the best interest of shareholders. On August 10, 2004
Internet America announced that their board of directors had
adopted a shareholders rights plan (commonly referred to as a
poison pill), which takes away the ability of shareholders to
approve or disapprove any merger, acquisition or buyout offers
the company may receive. This action was taken in direct
response to an unsolicited tender offer proposal from a publicly
held company located in Ft. Lauderdale, Florida. We view this
action, which was taken without shareholder approval, as an
attempt by the directors and specifically Billy Ladin to
entrench themselves as directors and therefore acting in their
own interest instead of the interest of shareholders even though
they only own approximately 7.5% of Internet America. It is our
view, which has significant institutional investor support that
poison pills should be voted upon by shareholders because it
gives an unbalanced concentration of power to directors who
could focus on narrow interests at the expense of the vast
majority of shareholders.

We are also disturbed by a number of what we consider to be
misleading statements that have been made in various press
releases and SEC filings, including material omissions, and will
consider filing a class action lawsuit against Internet America
and its board of directors on behalf of all shareholders to
protect what is left of the Company's true assets. According to
the June 30, 2004 balance sheet as filed with the SEC, after
deducting goodwill from the balance sheet, Internet America has
a negative net worth of $371,000 and has lost over $51.7 million
since inception.

We shall fully review the financial condition of the Company
after their filing of the required September 30, 2004 financial
statements with the SEC, and will make a determination whether
to file a class action lawsuit to protect the interest of
shareholders".


MEMPHIS LIGHT: Discovery in TN Consumer Lawsuit Marred By Delays
----------------------------------------------------------------
Lawyers for the plaintiffs who initiated a class action lawsuit
against Memphis Light, Gas and Water that accuses it of over-
charging customers when it should have been reducing rates,
filed a motion compelling the presiding judge to order MLGW to
turn over public documents, WREG, TN reports.

They eventually got the documents plus $10,000 in attorney's
fees, allegedly after much begging and pleading. Commenting on
the delays, Florence Johnson, the plaintiff's lawyer says the
delays were caused by MLGW's desire to conceal from the public
how their publicly-owned utility is investing customer's money.

However, Memphis Light, Gas and Water, who throughout the
discovery phase has denied any wrongdoing, says there are no
secrets and that the delays were caused by the time and the
manpower needed to gather the documents.

According to Bill Haltom, MLGW lawyer, "This is the people's
utility and it's owned by the people. And, these people have
acted responsibly and correctly. We have some of the lowest
utility rates in America."

Mr. Haltom says that major changes in the lawsuit make it
difficult to know exactly what the customers are alleging. The
separate claims of fraud and deception were dropped and they now
claim breech of contract.

The customers who feel they've been cheated by the utility say
it's all the same. One customer said they should not have to
subsidize, through rising rates, MLGW's improper investment
schemes and what essentially amounts to the perks that their
officials were getting, leaving regular Memphis rate-paying
customers to pay rising rates.


MERCK & CO.: Pulls Vioxx Due To Risks, Faces Numerous Suits
-----------------------------------------------------------
In a sudden admission of problems with one of its blockbuster
drugs, Merck & Co. recently withdrew its Vioxx arthritis pain
medicine because of an increased risk of heart attack and
stroke, the Associated Press reports.

Until now, the Company had consistently defended Vioxx, its
$2.5-billion-a-year medicine for arthritis and acute pain, even
after earlier studies raised safety questions.

The shocking recall by Merck, which sent its shares in Wall
Street down 27 percent and the blue-chip Dow Jones Industrial
Average even lower, pressures the company to bolster its new
drug lines. It also raises new concerns over whether it will
face costly litigation from patients who took the drug.

According to Merck, new data from a three-year clinical trial
revealed that patients taking Vioxx for more than 18 months have
double the risk of heart attack and stroke, compared to those
taking a placebo.

Vioxx, which is one of Merck's five largest drugs, accounting
for about 11 percent of sales in 2003 had a recent slip in sales
in the second quarter of this year, due to increasing concerns
about the drug's safety.

Merck also said that the data showing the increased risk of
cardiovascular complications began 18 months after patients
began taking Vioxx at a 25-milligram dose once daily.

Peter S. Kim, president of Merck research labs, said at a recent
press conference that 7.5 patients out of 1,000 taking the
placebo had a heart attack or stroke after 18 months, while 15
patients out of 1,000 taking Vioxx had a heart attack or stroke
during the same 18 months.

The Company also revealed that 84 million patients have used
Vioxx worldwide since it was introduced. Kenneth Frazier,
Merck's general counsel, said, "numerous lawsuits alleging
personal injury," have been filed against the Company by Vioxx
users, including two pending proposed class action lawsuits.

Merck further adds that the Vioxx recall would not affect the
company's application to the FDA to sell the next-generation
successor to Vioxx, Arcoxia, which is already sold in 47
countries. An FDA decision on Arcoxia is due by October 30, the
Company said.


MERCK & CO.: Voluntarily Recalls Vioxx Drug Due To Health Risks
---------------------------------------------------------------
The Food and Drug Administration (FDA) acknowledged the
voluntary withdrawal from the market of Vioxx (chemical name
rofecoxib), a non-steroidal anti-inflammatory drug (NSAID)
manufactured by Merck & Co. FDA today also issued a Public
Health Advisory to inform patients of this action and to advise
them to consult with a physician about alternative medications.

Merck is withdrawing Vioxx from the market after the data safety
monitoring board overseeing a long-term study of the drug
recommended that the study be halted because of an increased
risk of serious cardiovascular events, including heart attacks
and strokes, among study patients taking Vioxx compared to
patients receiving placebo. The study was being done in patients
at risk of developing recurrent colon polyps.

"Merck did the right thing by promptly reporting these findings
to the FDA and voluntarily withdrawing the product from the
market," said Acting FDA Commissioner Dr. Lester M. Crawford.
"Although the risk that an individual patient would have a heart
attack or stroke related to Vioxx is very small, the study that
was halted suggests that, overall, patients taking the drug
chronically face twice the risk of a heart attack compared to
patients receiving a placebo."

Dr. Crawford added that FDA will closely monitor other drugs in
this class for similar side effects. "All of the NSAID drugs
have risks when taken chronically, especially of
gastrointestinal bleeding, but also liver and kidney toxicity.
They should only be used continuously under the supervision of a
physician."

FDA approved Vioxx in 1999 for the reduction of pain and
inflammation caused by osteoarthritis, as well as for acute pain
in adults and for the treatment of menstrual pain. It was the
second of a new kind of NSAID (Cox-2 selective) approved by FDA.
Subsequently, FDA approved Vioxx to treat the signs and symptoms
of rheumatoid arthritis in adults and children.

At the time that Vioxx and other Cox-2 selective NSAIDs were
approved, it was hoped that they would have a lower risk of
gastrointestinal ulcers and bleeding than other NSAIDs (such as
ibuprofen and naproxen). Vioxx is the only NSAID demonstrated to
have a lower rate of these side effects.

Merck contacted FDA on September 27, 2004, to request a meeting
and to advise the agency that the long-term study of Vioxx in
patients at increased risk of colon polyps had been halted.
Merck and FDA officials met the next day, September 28, and
during that meeting the company informed FDA of its decision to
remove Vioxx from the market voluntarily.

In June 2000, Merck submitted to FDA a safety study called VIGOR
(Vioxx Gastrointestinal Outcomes Research) that found an
increased risk of serious cardiovascular events, including heart
attacks and strokes, in patients taking Vioxx compared to
patients taking naproxen. After reviewing the results of the
VIGOR study and other available data from controlled clinical
trials, FDA consulted with its Arthritis Advisory Committee in
February 2001 regarding the clinical interpretation of this new
safety information. In April 2002, FDA implemented labeling
changes to reflect the findings from the VIGOR study. The
labeling changes included information about the increase in risk
of cardiovascular events, including heart attack and stroke.

Recently other studies in patients taking Vioxx have also
suggested an increased risk of cardiovascular events. FDA was in
the process of carefully reviewing these results, to determine
whether further labeling changes were warranted, when Merck
informed the agency of the results of the new trial and its
decision to withdraw Vioxx from the market.

Additional information about this withdrawal of Vioxx, as well
as questions and answers for patients, is available online at
http://www.fda.gov/cder/drug/infopage/vioxx/default.htm


POLMONE INC.: Settles CA Consumer Suit V. Late Model Handhelds
--------------------------------------------------------------
PalmOne, Inc. settled a consumer class action lawsuit that
alleged its late model handheld computers could damage desktop
computers when users "HotSync" the devices to their PCs, the
Associated Press reports.

Consumers alleged that the Palm III, IIIc, V, and Vx models were
defective, and that under certain circumstances, a build-up of
static electricity would cause damage to the serial port of
desktop computers when users would synchronize or "HotSync" the
data from their handhelds.

Under the terms of the settlement, PalmOne denied any wrongdoing
or liability and instead agreed to pay affected consumers either
$200 in cash, or an $80- or $20-credit toward a PalmOne product,
depending on the level of proof of damage the consumer provided.

According to Andrew August, a Pinnacle Law Group lawyer who
filed the lawsuit in San Francisco Superior Court in 2001 more
than half of the 1,500 people who claimed damages qualified for
some kind of reimbursement.


RAYTHEON COMPANY: Suit Settlement Hearing Set December 6, 2004
--------------------------------------------------------------
The United States District Court for the Southern District of
Massachusetts will hold a fairness hearing for the proposed $460
million settlement, including $260 million in cash settlement
funds and $200 million worth of Raytheon Company ("Raytheon")
warrants in the matter IN RE: RAYTHEON COMPANY SECURITIES
LITIGATION on behalf of all persons or entities who purchased
Raytheon Company Class A and/or Class B common stock during the
period from October 7, 1998 through October 12, 1999, inclusive
(the "Class Period"), and were damaged thereby.

The Court will hold a Fairness Hearing before the Honorable
Patti B. Saris at 2:00 p.m. on December 6, 2004, at the United
States District Court for the District of Massachusetts, John
Joseph Moakley United States Courthouse, 1 Courthouse Way,
Boston, MA 02210.

For more details, contact In re Raytheon Company Securities
Litigation c/o Analytics Incorporated, Claims Administrator by
Mail: Post Office Box 2003, Chanhassen, MN 55317-2003 or by
Phone: 1-(888) 300-2319 OR Salvatore J. Graziano, Esq., Milberg
Weiss Bershad & Schulman LLP by Mail: One Pennsylvania Plaza,
New York, New York 10119-0165 by Phone: (212) 594-5300 or visit
http://raytheonsettlement.com


SERVICE CORPORATION: Settlement Hearing Set November 4, 2004
------------------------------------------------------------
The United States District Court for the Southern District of
Texas will hold a fairness hearing for the proposed settlement
in the matter IN RE: SERVICE CORPORATION INTERNATIONAL (CIVIL
ACTION H-99-280) on behalf of all persons who:

     (1) Exchanged shares of common stock in Equity Corporation
         International, Inc. ("ECI") for shares of common stock
         in Service Corporation International, Inc. ("SCI"), on
         the merger of ECI into SCI on January 19, 1999;

     (2) Purchased shares of SCI common stock in the open market
         from July 17, 1998 through January 26, 1999 ("Class
         Period");

     (3) Purchased SCI call options in the open market during
         the Class Period;

     (4) Sold SCI put options in the open market during the
         Class Period; or

     (5) Held employee options to purchase shares under an ECI
         stock plan that became options to purchase shares of
         SCI common stock in the merger.

The court will hold a hearing at 2:00 p.m. on November 4, 2004,
Courtroom 11-C, Eleventh Floor, United States Court House, 515
Rusk Avenue, Houston, Texas 77002.

For more details, contact SCI Settlement c/o Complete Claim
Solutions, Inc. by Mail: P.O. Box 24728, West Palm Beach, FL
33416 by Phone: (866) 401-6803 or visit their Web site:
http://completeclaimsolutions.com/settlements/scilitigation/pdf/
noticewpoa.pdf


SENECA FOODS: Recalls Canned Beets Due To Possible Contamination
----------------------------------------------------------------
Seneca Foods Corporation, Marion, NY is announcing a voluntary
recall of 42,085 cases of canned 15 oz sliced beets and no salt
sliced beets due to the potential for the product to be
underprocessed. While no illnesses have been reported, there is
a possibility that the product could be contaminated with
harmful microorganisms. Sliced beet and no salt sliced beet
products with these codes should not be eaten even if it does
not look or smell spoiled. The company is now retrieving the
product from its distribution system and store shelves.

The recall extends to several labels including Libby's,
Stokely's, Always Save, America's Choice, American Value, D&W,
Dominick's, Flavorite, Food Club, Foodland, Friday, Goya, Green
Valley, Harris-Teeter, Hill Country Fare, Kroger, Ligo, Parade,
Piggly Wiggly, Promos, Publix, Wylwood, Shop N Save, Shurfine,
Southern Home, Sysco Classic, Thrifty Maid, US Blue.

The cans are marked with a two-line format. Any combinations of
these codes are being recalled.

TOP LINE (seven digits) = BOTTOM LINE

G4CG16_ to 29_ = 3125J; 3125D; 3234J; 3234D; 5339J; 5339D;
3153J;3153D;3160J; 3160D

H4CG18_ to 31_ = 3125J; 3125D; 3234J; 3234D; 5339J; 5339D;
3153J;3153D;3160J; 3160D

I4CG01_ to 11_ = 3125J; 3125D; 3234J; 3234D; 5339J; 5339D;
3153J;3153D;3160J; 3160D

H4EI04_ to 11_  = 32292; 32342; 31532

This product has shipped between July 27th and September 24th to
grocery outlets in the following states:

Alabama, Arkansas, Arizona, California, Colorado, Florida,
Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana,
Massachusetts, Michigan, Minnesota, Mississippi, Montana, North
Carolina, Nebraska, New Jersey, New York, Ohio, Oklahoma, South
Carolina, Tennessee, Texas, Virginia, Washington and Wisconsin.
Limited international distribution has also occurred.

No other beet product styles including pickled, whole, diced,
shoestring, crinkled sliced are affected.

The company has notified the Food and Drug Administration of its
voluntary action and is in the process of identifying and
correcting the cause of the potential underprocessing.

Consumers with this product should return it for a full refund
to the retail outlet where it was purchased. Consumers who want
more information may call Seneca Foods Consumer Affairs,
1-866-336-8700.


SMART & FINAL: Recalls Dry Milk Due To Salmonella Contamination
---------------------------------------------------------------
Smart & Final Stores of Commerce, California is recalling 5-
pound Chef's Review Nonfat Dry Milk because it may be
contaminated with Salmonella, an organism that can cause serious
and sometimes-fatal infections in young children, frail or
elderly people, and others with weakened immune systems. Healthy
persons infected with Salmonella often experience fever,
diarrhea (which may be bloody), nausea, vomiting and abdominal
pain. Consumers with the above symptoms should consult their
physician.

No illnesses have been reported to date.

The recall was initiated after Smart & Final's packer, Custom
Foods Incorporated of Santa Fe Springs, California was notified
that its supplier, Michigan Milk Producers of Novi, Michigan had
received notice of a positive test for salmonella in the product
as a result of a USDA inspection of their plant in Constantine,
Michigan. Michigan Milk Producers independent testing did not
detect the organism and USDA inspectors are retesting the plant
and awaiting results.

The affected product was distributed through Smart & Final
retail stores in California and Nevada.

The product is packed in a brown 5-pound bag with the brand name
"Chef's Review". Recalled lots can be identified by a sticker
located on the bottom right-hand side of the back panel
containing the Use By Date 12-14-2005 and the lot code 425801 or
the Use By Date 12-21-2005 and the lot code 426501.

Smart & Final stands behind all of its private label products
and follows the most stringent quality assurance practices.
Consistent with Smart & Final's guarantee, consumers who have
purchased this product are urged to return it to the place of
purchase for a full refund. Consumers with questions may contact
Smart & Final at 1-800-894-0511.


SPECIALIZED BICYCLE: Recalls 1.5T Bicycles Due To Injury Hazard
---------------------------------------------------------------
Specialized Bicycle Components Inc., of Morgan Hill, California
is cooperating with the United States Consumer Product Safety
Commission by voluntarily recalling about 1,500 Allez Sport,
Allez Elite, Roubaix, and Sequoia Bicycles.

The handlebar may loosen and turn unexpectedly, which can cause
the rider to lose control and fall. Specialized has received two
reports of the handlebars loosening. No injuries have been
reported.

The recalled handlebars were sold on the 2005 Allez Sport, 2005
Allez Elite, 2005 Roubaix (base model) and 2005 Sequoia (base
model) bicycles. The model names are on the frame of the
handlebar.

Manufactured in Taiwan, the bicycles were sold at specialized
retailers from July 2004 through August 2004 for between $900
and $1,600.

Consumers should stop using the bicycles with these recalled
handlebars and return the recalled handlebars to the place of
purchase for replacement handlebars.

Consumer Contact: Contact Specialized at 800-432-4144 between 9
a.m. and 5 p.m. CT Monday through Friday.


UNITED STATES: Panel Calls For Anti-Obesity Action to Aid Kids
--------------------------------------------------------------
A panel of scientists from the prestigious Institute of Medicine
(IOM) called on schools, food companies, government agencies and
families to work together to fight the epidemic of childhood
obesity, the Associated Press reports.

The report from the IOM, an arm of the National Academy of
Sciences, is the latest to focus on the sharp increase in
childhood obesity.  According to the report, the rate of
childhood obesity has tripled among youngsters aged 6 to 11 and
has doubled for those aged 2 to 15 and 12 to 19.  Obesity can
lead to increased likelihood of developing diabetes, high blood
pressure, sleep problems, high cholesterol, gallstones and other
problems.

The panel called for a wider-ranging effort to fight the
epidemic.  The panel advised parents to limit kids' TV hours and
schools to provide healthier food.  The panel also called for
restaurants to offer nutrition information and asked that
communities provide more recreation opportunities.  The report
also called for increased federal involvement, including the
creation of an interdepartmental task force to coordinate
activities, developing nutrition standards for school food,
setting guidelines for advertising and marketing to children and
increases in research funding.

"We must act now and we must do this as a nation," said Dr.
Jeffrey Koplan of Emory University in Atlanta, chairman of the
committee that prepared the recommendations, AP reports.
"Obesity may be a personal issue, but at the same time,
families, communities and corporations all are adversely
affected by obesity and all bear responsibility for changing
social norms to better promote healthier lifestyles."

"Things have changed ... pushing kids to eat more and be less
active," observed Dr. Stephen R. Daniels of Cincinnati
Children's Hospital Medical Center, according to AP.  "It's very
clear that the solution is not in any one place . "Ultimately
the major approach to this is prevention ... we have to start
early," he said, urging cooperation of family, community,
schools and industry.

Three U.S. cabinet secretaries have expressed support for the
program.  On Tuesday, Health and Human Services Secretary Tommy
Thompson, Agriculture Secretary Ann Veneman, Surgeon General
Richard Carmona and Education Secretary Rod Paige traveled
across the country to promote healthier lifestyles, especially
among young people.

"The cities have got to set aside (safe) places for kids to get
outside and walk or even ride their bicycles," said Health and
Human Services Secretary Tommy Thompson, AP reports.

The report also seconded Mr. Thompson's call for increased
recreational facilities, urging state and local governments and
schools to expand opportunities for physical activity, including
providing more facilities and more frequent and intense after-
school programs.  Urban and suburban community designs that
discourage walking and other physical activities, such as
communities without sidewalks, are among the causes of the
increase in youth obesity, the report said.


                  New Securities Fraud Cases


AQUILA INC.: Charles J. Piven Lodges 401(k) ERISA Lawsuit in KS
---------------------------------------------------------------
The law offices of Charles J. Piven, P.A. initiated a class
action lawsuit against Aquila, Inc. (NYSE:ILA) for violations of
the Employee Retirement Income Security Act of 1974 ("ERISA") on
behalf of former and current employees, who are members of the
Aquila, Inc. Retirement Investment Plan (the "Plan"), formerly
known as the UtiliCorp United, Inc. Retirement Investment Plan,
and purchased or held Aquila stock through the Plan.

The case is pending in the United States District Court for the
District of Kansas in Kansas City against Aquila's top
executives and its board of directors. The action charges that
defendants breached their fiduciary duties to provide complete
and accurate information that would have enabled employees to
make informed investment decisions for investment in their
401(k) investment accounts.

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


AQUILA INC.: Keller Rohrback Initiates Investigation Over ERISA
---------------------------------------------------------------
The law firm of Keller Rohrback LLP commenced an investigation
against Aquila, Inc. ("Aquila" or the "Company") (NYSE:ILA),
formerly known as UtiliCorp United, Inc., for violations of the
Employee Retirement Income Security Act of 1974 ("ERISA"). The
investigation focuses on investments in Company stock by the
Aquila, Inc. Retirement Investment Plan (the "Plan") between
January 1, 1999 and May 5, 2004 (the "Class Period"). The Plan
was formerly known as the UtiliCorp United, Inc. Retirement
Investment Plan.

Keller Rohrback's investigation focuses on concerns that Aquila
and other fiduciaries for the Plan may have breached their
ERISA-mandated fiduciary duties of loyalty and prudence by

     (1) failing to prudently and loyally manage the Plan's
         assets by imprudently investing a significant amount of
         the Plan's assets in Aquila stock;

     (2) failing to monitor and provide fiduciary appointees
         with information that the appointing fiduciaries knew
         or should have known that the monitored fiduciaries
         needed in order to prudently manage the Plan's assets;

     (3) failing to provide complete and accurate information to
         participants and beneficiaries; and

     (4) breaching their duty to avoid conflicts of interest.

For more details, contact Jennifer Tuato'o, Paralegal of Keller
Rohrback LLP by Phone: 800/776-6044 by E-mail:
investor@kellerrohrback.com or visit the following Web sites:
http://www.erisafraud.comor http://www.seattleclassaction.com


CONCORD CAMERA: Lasky & Rifkind Lodges FL Securities Fraud Suit
---------------------------------------------------------------
The law firm of Lasky & Rifkind, Ltd. initiated a lawsuit in the
United States District Court for the Southern District of
Florida, on behalf of persons who purchased or otherwise
acquired publicly traded securities of Concord Camera
Corporation ("Concord" or the "Company") (NASDAQ:LENS) between
August 14, 2003 and May 10, 2004, inclusive, (the "Class
Period"). The lawsuit was filed against Concord and certain
officers and directors ("Defendants").

The complaint alleges that Defendants issued materially false
and misleading statements regarding the Company's financial
position. Specifically the complaint alleges that Concord's
inventory levels were materially inflated, that Concord's
financials were impacted by significant inventory provisions and
that Concord's net loss was artificially deflated through the
application of manufacturing labor and overhead costs to
inventory.

On May 11, 2004, Concord announced that it would file Form 12b-
25 with the SEC extending the Company's time to file a Form 10-Q
for the period ended March 27, 2004. On this news, shares of
Concord fell $1.58 per share, or 34.2% on May 11, 2004, to close
at $3.04 per share.

For more details, contact Lasky & Rifkind, Ltd. by Phone:
(800) 495-1868 or by E-mail: investorrelations@laskyrifkind.com


CP SHIPS: Bernstein Liebhard Lodges Securities Fraud Suit in NY
---------------------------------------------------------------
The law firm of Bernstein Liebhard & Lifshitz, LLP initiated a
securities class action lawsuit in the United States District
Court for the Southern District of New York on behalf of all
persons who purchased or acquired securities of CP Ships Limited
(NYSE: TEU) ("CP Ships" or the "Company") between January 29,
2003 through August 6, 2004, inclusive (the "Class Period"),
seeking to pursue remedies under the Securities Exchange Act of
1934 (the "Exchange Act").

The complaint charges CP Ships, Raymond Miles, Frank Halliwell,
Ian Webber, and John D. McNeil with violations of the Securities
Exchange Act of 1934. CP Ships is a container shipping company
offering its customers door-to-door, as well as port-to-port
containerized services for the international transportation of a
range of industrial and consumer goods, including raw materials,
semi-manufactured and finished goods. 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) the Company overstated its net income figures by $22 to
         $27 million;

     (2) the Company insufficiently accrued certain costs which
         caused the Company's net income figures to be
         materially inflated;

     (3) the Company's financial results were in violation of
         Generally Accepted Accounting Principles ("GAAP") and
         the Company's own accounting interpretations; and

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

On August 9, 2004, CP Ships announced that in conjunction with
the release of second quarter 2004 results it would restate
previously reported financial results, the Company
insufficiently accrued certain costs which caused the Company's
net income figures to be materially inflated. News of this
shocked the market. Shares of CP Ships fell $3.70 per share or
22.36 percent, on August 9, 2004, to close at $12.85 per share.

For more details, contact the Shareholder Relations Department
of Bernstein Liebhard & Lifshitz, LLP by Mail: 10 East 40th
Street, New York, NY 10016 by Phone: (800) 217-1522 or
(212) 779-1414 or by E-mail: TEU@bernlieb.com


DIGIMARC CORPORATION: Charles J. Piven Lodges OR Securities Suit
----------------------------------------------------------------
The law offices of Charles J. Piven, P.A. initiated a securities
class action on behalf of shareholders who purchased, converted,
exchanged or otherwise acquired the common stock of Digimarc
Corporation (Nasdaq:DMRC) between April 17, 2002 and July 28,
2004, inclusive (the "Class Period").

The case is pending in the United States District Court for the
District Court of Oregon against defendant Digimarc 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: 410/332-0030
or by E-mail: piven@pivenlaw.com


FANNIE MAE: Spector Roseman Lodges Securities Fraud Suit in DC
--------------------------------------------------------------
The law firm of Spector, Roseman & Kodroff, P.C. initiated a
securities class action lawsuit in the United States District
Court for the District of Columbia, on behalf of purchasers of
the common stock of Federal National Mortgage Association
("Fannie Mae" or the "Company") (NYSE: FNM) between October 11,
2000 through September 22, 2004, inclusive (the "Class Period").

The Complaint alleges that defendants violated the federal
securities laws by issuing materially false and misleading
statements contained in press releases and filings with the
Securities and Exchange Commission during the Class Period.
Specifically, the Complaint alleges the defendants failed to
disclose or misrepresented the following adverse facts that were
known to defendants or were recklessly disregarded by them:

     (1) that Fannie Mae applied accounting methods and
         practices that do not comply with Generally Accepted
         Accounting Principles ("GAAP") in accounting for the
         enterprise's derivatives transactions and hedging
         activities;

     (2) that Fannie Mae had materially understated its accrued
         cost-of-access liability by $50-$80 million;

     (3) that Fannie Mae used "cookie jar" accounting wherein it
         arbitrarily distributed current gains to subsequent
         quarters in a bid to keep its revenue and earning
         growth steady;

     (4) that Fannie Mae deferred expenses to achieve bonus
         compensation targets;

     (5) that Fannie Mae had insufficient and inadequate
         internal controls; and

     (6) that as a result, the value of the Company's net income
         and financial results was materially misstated at all
         relevant times.

On September 22, 2004, Fannie Mae revealed that over a year ago
the Office of Federal Housing Enterprise Oversight ("OFHEO")
began a special examination of Fannie Mae's accounting policies
and practices, and that the report of that examination -
delivered to Fannie Mae on September 20, 2004 - concluded that
Fannie Mae:

     (a) applied accounting methods and practices that do not
         comply with GAAP in accounting for the enterprise's
         derivatives transactions and hedging activities;

     (b) employed an improper 'cookie jar' reserve in accounting
         for amortization of deferred price adjustments under
         GAAP;

     (c) tolerated related internal control deficiencies;

     (d) in at least one instance deferred expenses apparently
         to achieve bonus compensation targets; and

     (e) maintained a corporate culture that emphasized stable
         earnings at the expense of accurate financial
         disclosures.

Fannie Mae also disclosed that the Securities and Exchange
Commission has been conducting an informal inquiry that includes
issues raised in the OFHEO report.

Following this disclosure, on September 22 shares of Fannie Mae
fell $4.96 per share, or 6.56 percent, to close at $70.69 per
share on unusually high trading volume. On September 23, shares
of Fannie Mae fell an additional $3.54 per share, or 5.01
percent, to close at $67.15 per share.

For more details, contact Robert M. Roseman by Phone:
888-844-5862 by E-mail: classaction@srk-law.com or visit their
Web site: http://www.srk-law.com


INFINEON TECHNOLOGIES: Lerach Coughlin Lodges CA Securities Suit
----------------------------------------------------------------
The law firm of Lerach Coughlin Stoia Geller Rudman & Robbins
LLP ("Lerach Coughlin") initiated a class action in the United
States District Court for the Northern District of California on
behalf of purchasers of Infineon Technologies AG ("Infineon")
(NYSE:IFX) publicly traded securities during the period between
March 13, 2000 and July 19, 2004 (the "Class Period").

The complaint charges Infineon and certain of its officers and
directors with violations of the Securities Exchange Act of
1934. Infineon manufactures and markets a wide variety of
polymer and specialty products.

The complaint alleges that during the Class Period, defendants
issued false and misleading statements about Infineon's business
and prospects and concealed Infineon's involvement in price
fixing activities. Specifically, the complaint alleges that
during the Class Period, defendants concealed the following
material adverse facts from the investing public that from on or
about July 1, 1999 until on or about June 15, 2002, Infineon and
its co-conspirators entered into and engaged in a conspiracy in
the United States and elsewhere to suppress and eliminate
competition by fixing the prices of Dynamic Random Access Memory
("DRAM") to be sold to certain original equipment manufacturers
("OEMs") of personal computers and servers, the conspiracy
consisted of a continuing agreement, understanding, and concert
of action among Infineon and its co-conspirators, the
substantial terms of which were to agree to fix the prices for
DRAM to be sold to certain OEMs and that for the purpose of
forming and carrying out the conspiracy, Infineon and its co-
conspirators:

     (1) participated in meetings, conversations, and
         communications in the United States and elsewhere to
         discuss the prices of DRAM to be sold to certain OEMs;

     (2) agreed during those meetings, conversations, and
         communications to charge prices for DRAM at certain
         levels to be sold to certain OEMs;

     (3) issued price quotations in accordance with the
         agreements reached; and

     (4) exchanged information on sales of DRAM to certain OEM
         customers for the purpose of monitoring and enforcing
         adherence to the agreed-upon prices and artificially
         inflating the Company's revenue and profits.

As a result, the Company's shares traded at inflated prices,
enabling the Company to consummate a $5.5 billion IPO and a $1
billion bond offering, together with stock-for-stock
acquisitions using the Company's inflated shares as currency.

On July 19, 2004, defendants acknowledged the seriousness of a
Justice Department investigation into Infineon's price fixing
practices when they announced they had recorded a $190 million
charge for the antitrust investigation. Then, on September 15,
2004, the Associated Press issued an article which stated:
"German computer chipmaker Infineon Technologies AG has agreed
to plead guilty to price fixing and will pay a $160 million
fine.... In a plea agreement filed in U.S. District Court in San
Francisco, Infineon acknowledged conspiring with other companies
to fix prices of widely used computer memory products between
July 1999 and June 2002."

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


INTERACTIVECORP: Lasky & Rifkind Lodges NY Securities Fraud Suit
----------------------------------------------------------------
The law firm of Lasky & Rifkind, Ltd. initiated a lawsuit in the
United States District Court for the Southern District of New
York, on behalf of persons who purchased or otherwise acquired
publicly traded securities of IAC/InteractiveCorp ("IAC" or the
"Company") (NASDAQ:IACI) between March 19, 2003 and August 4,
2004, inclusive, (the "Class Period"). The lawsuit was filed
against IAC and Barry Diller, Dara Khosrowshahi, Julius
Genachowski, Richard N. Barton, Victor A. Kaufman
("Defendants").

The complaint alleges that IAC and certain officers and
directors violated Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934 and Rule 10b-5 promulgated thereunder.
Specifically, the complaint alleges that Defendants began to
artificially inflate IAC's share price in order to decrease the
amount of stock IAC would eventually issue to acquire the
remaining outstanding shares of Expedia and Hotels.com it did
not already own in order to eliminate further dilution from
Defendants own interests in IAC. Moreover, the complaint alleges
that Defendants' statements made in connection with the
announcement of the acquisitions of Expedia, Hotels.com and
LendingTree.com and with its financial reports were false and
misleading because they did not disclose that some of the
Company's on-line customers were being double billed, that some
hotel chains were threatening to stop participating due to slow
payment by the Company, that web customers were being charged
rates exceeding the hotel's published public prices, that the
Company's web sites indicated rooms were sold out when they
actually were not.

On August 4, 2004, IAC issued its second quarter 2004 earnings
that were below expectations and lowered its forward-looking
guidance. The reason cited for the shortfall was that the
Company was being provided less rooms and airline seats to sell.
Shares reacted negatively to this announcement, falling from
$27.03 per share to $22.80, representing a decline of 15.6% on
volume of nearly 90 million shares.

For more details, contact Lasky & Rifkind, Ltd. by Phone:
(800) 495-1868 or by E-mail: investorrelations@laskyrifkind.com


KONGZHONG CORPORATION: Bernstein Liebhard Files Stock Suit in NY
----------------------------------------------------------------
The law firm of Bernstein Liebhard & Lifshitz, LLP iniitated
securities class action lawsuit in the United States District
Court for the Southern District of New York on behalf of all
persons who purchased or acquired securities of KongZhong
Corporation ("KongZhong" or the "Company") (NASDAQ: KONG)
between July 9, 2004 and August 17, 2004, inclusive (the "Class
Period").

The complaint alleges that the IPO prospectus (the "Prospectus")
was materially false and misleading because it failed to
disclose that KongZhong had violated the content rules in its
agreement with China Mobile, China's largest mobile services
provider, in June 2004 -- well before the Prospectus became
effective on July 9, 2004. The Prospectus, though warning of
potential risks relating to the breach of China Mobile's content
rules, failed to disclose that, in fact, the Company had been in
violation of China Mobile's content rules at the time of the
IPO.

On August 18, 2004, KongZhong issued a press release announcing
that it had received a "notice of sanction" from China Mobile as
a result of the Company's breach of China Mobile's content rules
in June 2004. The penalty imposed was dire: China Mobile
suspended approval of the Company's new product application
until the end of 2004, and suspended approval of the Company's
applications to operate in new platforms until June 30, 2005. In
response to this announcement, the price of KongZhong common
stock fell 16.5% in one day, from $6.39 per ADS on August 17,
2004, to $5.33 per ADS on August 18, 2004. The closing price of
$5.33 per ADS represents a 46% decrease from the Offering price
of $10 per ADS.

For more details, contact the Shareholder Relations Department
of Bernstein Liebhard & Lifshitz, LLP by Mail: 10 East 40th
Street, New York, NY 10016 by Phone: (800) 217-1522 or
(212) 779-1414 or by E-mail: KONG@bernlieb.com


REMEC INC.: Schiffrin & Barroway Lodges Securities Lawsuit in CA
----------------------------------------------------------------
The law firm of Schiffrin & Barroway, LLP initiated a class
action lawsuit in the United States District Court for the
Southern District of California on behalf of all securities
purchasers of REMEC, Inc. (Nasdaq: REMC) ("REMEC" or the
"Company") from September 8, 2003 through September 8, 2004,
inclusive (the "Class Period").

The complaint charges REMEC, Ronald E. Ragland, Robert W.
Shaner, and Winston E. Hickman 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 defendants used faulty assumptions with respect to
         revenue growth and gross margins in the Wireless
         Systems subsidiary, in determining if its goodwill was
         impaired;

     (2) that due to the faulty assumptions, the defendants
         failed to take timely goodwill impairments;

     (3) that as a consequence of the foregoing, the Company's
         announced financial results were in violation of
         generally accepted accounting principles ("GAAP");

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

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

On September 9, 2004, REMEC filed a Form 10-Q with the SEC for
the Company's second quarter of fiscal year 2005, which ended
July 30, 2004. The filing occurred a few hours after the filing
deadline. The reason for the delay was to allow management
additional time to finalize the required accounting disclosures
associated with the goodwill impairment charge. Furthermore, the
Company stated that it had begun a detailed assessment of its
internal controls. News of this shocked the market. Shares of
REMEC fell $1.00 per share or 18.87 percent, on September 9,
2004, to close at $4.30 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


STAAR SURGICAL: Charles J. Piven Lodges Securities Lawsuit in NM
----------------------------------------------------------------
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 STAAR
Surgical Company (Nasdaq:STAA) between April 3, 2003 and January
6, 2004, inclusive (the "Class Period").

The case is pending in the United States District Court for the
District of New Mexico against defendant STAAR 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
or by E-mail: hoffman@pivenlaw.com


STAAR SURGICAL: Murray Frank Lodges Securities Fraud Suit in CA
---------------------------------------------------------------
The law firm of Murray, Frank & Sailer LLP initiated a class
action lawsuit in the Central District of California on behalf
of a class (the "Class") consisting of all persons who purchased
or otherwise acquired the securities of Staar Surgical Company
("Staar" or the "Company") (Nasdaq:STAA) between April 3, 2003
and January 6, 2004, inclusive (the "Class Period").

The Complaint alleges that, during the Class Period, Defendants
violated Sections 10(b) and 20(a) of the Securities Act of 1934
and Rule 10b-5 promulgated thereunder. Specifically, the
Complaint alleges that, during the Class Period, the Defendants
failed to disclose significant problems with the manufacture of
Staar's premier product, the ICL (implantable contact lenses),
and injuries resulting from the use of Staar's products. On
January 6, 2004, the U.S. Food & Drug Administration website
posted a warning letter to the Company, dated December 22, 2003,
concerning serious violations of manufacturing standards and
inadequate reporting relating to the ICL. The news caused the
share price of Staar common stock to fall to $9.22 per share,
almost 18% below the previous day's closing price.

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


ST. PAUL TRAVELERS: Pomerantz Haudek Files Securities Suit in MN
----------------------------------------------------------------
The law firm of Pomerantz Haudek Block Grossman & Gross LLP
initiated a class action lawsuit in the United States District
Court for the District of Minnesota on behalf of former
shareholders of Travelers Property Casualty Corp. ("Travelers")
Class A and Class B common stock who exchanged their shares in
Travelers for shares of the St. Paul Travelers Companies, Inc.
("St. Paul") (NYSE:STA) common stock pursuant to the April 1,
2004 merger of St. Paul and Travelers.

The lawsuit was filed against Travelers, the St. Paul Companies,
Inc., St. Paul Travelers and their top executives, CEO Jay
Fishman and CFO Jay Benet; St. Paul's former CFO Thomas Bradley;
and Travelers' former CEO, Robert Lipps.

According to the Complaint, it is alleged that both St. Paul and
Travelers failed to disclose that St. Paul utilized a markedly
different method for calculating insurance reserves than that
utilized by Travelers and that applying Travelers' methodology,
as was required, would result in the necessity of having to
increase reserves on St. Paul's insurance policies by over $1
billion - approximately 12 percent of the value of St. Paul as
determined by the merger consideration.

On June 17, 2004, news regarding this issue began to trickle out
to shareholders, and St. Paul stock began to decline, falling
from $41.10 on that date to $35.66 on July 23, 2004, the date
that the exact size of the needed reserve adjustment -- $1.6
billion - was first announced. Then on August 5, 2004, following
the announcement that St. Paul reported a net loss for the
second quarter ended June 30, 2004 of $275 million, or $0.42 per
basic and diluted share, compared to net income of $441 million
or $1.02 per basic share and $1.01 per diluted share in the
prior year quarter, the price of St. Paul common stock closed at
$34.75, representing a 14.77% decline from its price on August
1, 2004.

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


TOMMY HILFIGER: Lasky & Rifkind Lodges Securities Lawsuit in NY
---------------------------------------------------------------
The law firm of Lasky & Rifkind, Ltd. initiated a lawsuit in the
United States District Court for the Southern District of New
York, on behalf of persons who purchased or otherwise acquired
publicly traded securities of Tommy Hilfiger Corporation
("Tommy" or the "Company") (NYSE:TOM) between November 3, 1999
and September 24, 2004, inclusive, (the "Class Period"). The
lawsuit was filed against Tommy and Tommy Hilfiger, Joel J.
Horowitz, Joseph Scirocco, Joel H. Newman, Silas K.F. Chou,
Lawrence S. Stroll, James P. Reilly and David F. Dyer
("Defendants").

The complaint alleges that Defendants violated Sections 10(b)
and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5
promulgated thereunder. Specifically, the complaint alleges that
the Company failed to disclose and misrepresented that the
Defendants shifted profits to lower-tax jurisdictions by paying
buying-agency commissions to Tommy subsidiaries, that Defendants
reported revenue generated in the United States as if it were
earned in a foreign division, lowering the Company's tax rate
and that as a result its results were not reported in accordance
with Generally Accepted Accounting principles.

On September 24, 2004, after the market closed, Tommy announced
that Tommy Hilfiger U.S.A., Inc., a wholly owned subsidiary of
Tommy, had received a grand jury subpoena issued by the U.S.
Attorney's Office for the Southern District of New York seeking
documents relating to the division's domestic and international
buying office commissions since 1990. In reaction to this news,
shares of Tommy tumbled, falling $2.87 per share, or 21.8% to
close at $10.30 per share.

For more details, contact Lasky & Rifkind, Ltd. by Phone:
800-495-1868 or visit their Web site:
investorrelations@laskyrifkind.com


TOMMY HILFIGER: Milberg Weiss Lodges Securities Fraud Suit in NY
----------------------------------------------------------------
The law firm of Milberg Weiss Bershad & Schulman LLP initiated a
class action lawsuit on behalf of purchasers of the securities
of Tommy Hilfiger Corp. ("THC" or the "Company") (NYSE: TOM)
between November 3, 1999 through September 24, 2004, inclusive
(the "Class Period") seeking to pursue remedies under the
Securities Exchange Act of 1934 (the "Exchange Act").

The action is pending in the United States District Court for
the Southern District of New York against defendants THC, Tommy
Hilfiger, Silas K.F. Chou, David F. Dyer, Joel J. Horowitz, Joel
H. Newman, James P. Reilly, Joseph Scirocco and Lawrence S.
Stroll.

The complaint alleges that THC is in the business of designing,
sourcing and marketing clothing under Tommy Hilfiger trademarks.
The complaint further alleges that, unbeknownst to investors,
the Company's United States subsidiary padded commissions paid
to non-U.S. subsidiaries for the improper purpose of shifting
millions of dollars in reportable revenue from high to low tax
rate jurisdictions. Consequently, throughout the Class Period,
the Company's liability and provision for income taxes was
materially understated, its net income was materially
overstated, and the risk that the Company would be forced to pay
material fines and penalties was concealed from the investing
public. Moreover, all statements made by defendants with respect
to the Company's operating performance, including the Company's
financial statements, were materially false and misleading, and
inherently unreliable, because defendants failed to disclose
that tax evasion was a key element of the Company's business
model. Defendants' scheme enabled insiders, including
defendants, to sell thousand of their shares of THC at
artificially inflated prices for proceeds in excess of $100
million.

The truth emerged on September 24, 2004 after the market closed.
On that date, the Company announced that its U.S. subsidiary,
Tommy Hilfiger U.S.A. Inc. ("THUSA"), had received a grand jury
subpoena issued by the U.S. Attorney's Office for the Southern
District of New York seeking documents generally relating to
THUSA's domestic and/or international buying office commissions
since 1990. On this news, THC stock dropped 21.79 percent from a
closing price of $13.17 on September 24, 2004 to a closing price
of $10.30 on September 27, 2004, the next trading day.

For more details, contact Steven G. Schulman, Peter E. Seidman
or Andrei V. Rado by Mail: One Pennsylvania Plaza, 49th fl., New
York, NY 10119-0165 by Phone: (800) 320-5081 by E-mail:
sfeerick@milbergweiss.com or visit their Web site:
http://www.milbergweiss.com


TOMMY HILFIGER: Wechsler Harwood Lodges Securities Lawsuit in NY
----------------------------------------------------------------
The law firm of Wechsler Harwood LLP initiated a class action
lawsuit in the United States District Court for the Southern
District of New York on behalf of all securities purchasers of
the Tommy Hilfiger Corporation (NYSE:TOM) ("Tommy Hilfiger" or
the "Company") from November 3, 1999 through September 24, 2004
inclusive (the "Class Period").

The complaint charges Tommy Hilfiger, Joel J. Horowitz, Joseph
Scirocco, Joel H. Newman, Silas K.F. Chou, Lawrence S. Stroll,
James P. Reilly, and David F. Dyer 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 defendants shifted profits to lower-tax
         jurisdictions by paying buying-agency commissions to
         other Tommy Hilfiger subsidiaries;

     (2) more specifically, the defendants reported revenue
         generated in the United States as if it were earned in
         a foreign division, thereby effectively lowering the
         Company's tax rate;

     (3) that as a result of this, the Company's financial
         results were in violation of generally accepted
         accounting principles ("GAAP");

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

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

On September 24, 2004, after the market closed, Tommy Hilfiger
announced that Tommy Hilfiger U.S.A., Inc. ("THUSA"), a wholly-
owned subsidiary of Tommy Hilfiger, had received a grand jury
subpoena issued by the U.S. Attorney's Office for the Southern
District of New York seeking documents generally relating to
THUSA's domestic and/or international buying office commissions
since 1990. Certain of THUSA's current and former employees had
also received subpoenas. According to the Company, THUSA pays
buying office commissions to a non-U.S. subsidiary of Tommy
Hilfiger Corporation to provide or otherwise secure certain
services, including product development, sourcing, production
scheduling and quality control functions. It appears that the
investigation is focused on whether the commission rate is
appropriate. News of this shocked the market. On September 27,
2004, shares of Tommy Hilfiger fell $2.87 per share, or 21.79
percent, to close at $10.30 per share on unusually high trading
volume.

For more details, contact Peter Overs, Esq. of Wechsler Harwood
by Phone: 1-877-935-7400 ext. or by E-mail: povers@whesq.com


TOMMY HILFIGER: Wolf Popper Lodges Securities Fraud Suit in NY
--------------------------------------------------------------
The law firm of Wolf Popper LLP initiated a securities fraud
class action complaint in the U.S. District Court for the
Southern District of New York against Tommy Hilfiger Corporation
("Tommy Hilfiger" or the "Company") (NYSE: TOM) and certain of
its current and former officers and directors, on behalf of all
persons who purchased Tommy Hilfiger securities on the open
market from November 3, 1999 through September 24, 2004 (the
"Class" and the "Class Period").

The complaint alleges that the defendants misrepresented Tommy
Hilfiger's operating results and financial condition to public
investors by (a) improperly shifting the income of the Company's
U.S. subsidiaries, disguised as buying office commissions, to
the Company's non-U.S. subsidiaries in lower tax jurisdictions
to evade over $100 million in U.S. taxes due on such income; and
(b) improperly inflating the Company's reported after-tax net
income and earnings per share, in contravention of generally
accepted accounting principles.

The true facts were partially revealed to the investing public
on September 24, 2004, when Tommy Hilfiger's wholly-owned U.S.
subsidiary, Tommy Hilfiger U.S.A., Inc. ("THUSA") issued a press
release, disclosing the existence of a federal investigation
focusing on the appropriateness of the buying office commission
rate paid by THUSA to Tommy Hilfiger's non- U.S. subsidiaries.
According to the press release, THUSA "received . . . a grand
jury subpoena issued by the U.S. Attorney's Office for the
Southern District of New York seeking documents generally
relating to THUSA's domestic and/or international buying office
commissions since 1990." The press release further revealed that
"[c]ertain of THUSA's current and former employees have also
received subpoenas."

The disclosure caused the Company's stock price to decline upon
heavy trading volume from its close of $13.17 per share on
September 24, 2004 to its close of $10.30 per share on September
27, 2004 -- a 21.79% decline, causing significant aggregate
damage to investors.

For more details, contact Michael A. Schwartz, Esq. or Michael
A. Schwartz, Esq. Wolf Popper LLP by Mail: 845 Third Avenue, New
York, NY 10022-6689 by Phone: 212-759-4600 or 877-370-7703 or
877-370-7703 by Fax: 212-486-2093 or 877-370-7704 by E-mail:
irrep@wolfpopper.com or visit their Web site:
http://www.wolfpopper.com


UNITED RENTALS: Charles J. Piven Lodges Securities Lawsuit in CT
----------------------------------------------------------------
The law offices of Charles J. Piven, P.A. initiated a securities
class action on behalf of shareholders who purchased, converted,
exchanged or otherwise acquired the common stock of United
Rentals, Inc. (NYSE:URI) between October 23, 2003 and August 30,
2004, inclusive (the "Class Period").

The case is pending in the United States District Court for the
District of Connecticut. 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
or by E-mail: hoffman@pivenlaw.com


UNITED RENTALS: Shepherd Finkelman Lodges Securities Suit in CT
---------------------------------------------------------------
The law firm of Shepherd, Finkelman, Miller & Shah, LLC filed a
class action in the United States District Court for the
District of Connecticut on behalf of all purchasers of the stock
and other publicly traded securities of United Rentals, Inc.
(NYSE: URI - News; "United Rentals" or the "Company") from
October 23, 2003 through August 30, 2004 inclusive (the "Class
Period"). If you acquired United Rental's shares through its
acquisition of Skyreach Equipment, you also are included in the
proposed class.

The Complaint charges United Rentals, Wayland R. Hicks, Bradley
S. Jacobs, John N. Milne, and Joseph B. Sherk ("Defendants")
with violations of Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934 and Rule 10b-5 promulgated thereunder.

The Complaint specifically alleges that, during the Class
Period, 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, in an effort to generate a more
         favorable stock price and raise capital, manipulated
         its financial results through the use of restructuring
         charges, asset write-downs, and debt refinancing;

     (2) that the Company improperly delayed recognition of bad
         accounts receivable;

     (3) that as a result of these manipulations, the Company's
         announced financial results were in violation of
         Generally Accepted Accounting Principles ("GAAP"); and

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

As the Complaint details, on August 30, 2004, United Rentals
announced that it had received notice that the SEC was
conducting a non-public, fact- finding inquiry of the company.
The notice was accompanied by a subpoena requesting the
production of documents relating to certain of the Company's
accounting records. News of this inquiry shocked the market.
Shares of United Rentals fell $4.39 per share, or 21.53 percent,
to close at $16.00 per share on August 30, 2004 on unusually
heavy trading volume.

For more details, contact James E. Miller, Esq., Patrick A.
Klingman, Esq. or James C. Shah, Esquire by Phone: 866/540-5505
or 866/540-5505 or 877/891-9880 by E-mail:
jmiller@classactioncounsel.com or
pklingman@classactioncounsel.com or jshah@classactioncounsel.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.

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news on asbestos-related litigation and profiles of target
asbestos defendants that, according to independent researches,
collectively face billions of dollars in asbestos-related
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                            *********


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Class Action Reporter is a daily newsletter, co-published by
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Copyright 2004.  All rights reserved.  ISSN 1525-2272.

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