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Berger & Montague, P C. Announces Class Action Lawsuit Against Medi-Hut Co., Inc.


Business Editors/Legal Writers

PHILADELPHIA--(BUSINESS WIRE)--March 1, 2002

Berger & Montague, P.C. filed a class action against Medi-Hut Co. (Nasdaq:MHUT) and certain of its officers and directors in the United States District Court for the District of New Jersey The United States District Court for the District of New Jersey is the Federal district court whose jurisdiction is the state of New Jersey. It was established in 1789. New Jersey is the largest state by population to only have one District Court.

The Honorable Garrett E.
, on behalf of all persons or entities who purchased MHUT common stock during the period from April 4, 2000 through February 4, 2002.

The complaint seeks damages for violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated prom·ul·gate  
tr.v. prom·ul·gat·ed, prom·ul·gat·ing, prom·ul·gates
1. To make known (a decree, for example) by public declaration; announce officially. See Synonyms at announce.

2.
 thereunder. The defendants are Medi-Hut; Joseph A. Sanpietro, Medi-Hut's President and Chief Executive Officer; Laurence M. Simon, Chief Financial Officer of the Company; Robert Russo, Treasurer of Medi-Hut; Vincent Sanpietro, Secretary of Medi-Hut; and James G. Aaron and James S. Vacarro, both members of the Company's Board of Directors.

Plaintiff has alleged that defendants knowingly and recklessly disseminated disseminated /dis·sem·i·nat·ed/ (-sem´i-nat?ed) scattered; distributed over a considerable area.

dis·sem·i·nat·ed
adj.
Spread over a large area of a body, a tissue, or an organ.
 materially false and misleading statements and omissions that misrepresented the Company's business, operations and financial performance. As stated in plaintiff's complaint, Medi-Hut misled mis·led  
v.
Past tense and past participle of mislead.
 the investing public by failing to disclose that a Medi-Hut vice president, Lawrence Marasco had a controlling interest controlling interest

The ownership of a quantity of outstanding corporate stock sufficient to control the actions of the firm. Controlling interest often involves ownership of significantly less than 51% of a firm's outstanding stock because many owners fail
 in Larval larval

1. pertaining to larvae.

2. larvate.


larval migrans
see cutaneous and visceral larva migrans.
 Corp. ("Larval"), the Company's largest customer. Specifically, Medi-Hut failed to disclose that Marasco, Medi-Hut's Vice President for Sales and Marketing, had a controlling interest in Larval. During fiscal year 2001, sales to Larval accounted for 62% of Medi-Hut's revenues.

Because Lawrence Marasco had a controlling interest in one of Medi-Hut's customers, generally accepted accounting principles The standard accounting rules, regulations, and procedures used by companies in maintaining their financial records.

Generally accepted accounting principles (GAAP) provide companies and accountants with a consistent set of guidelines that cover both broad accounting
 ("GAAP GAAP

See: Generally Accepted Accounting Principles


GAAP

See generally accepted accounting principles (GAAP).
") dictated that Medi-Hut identify sales to that customer as related party transactions. The Company, however, failed to disclose the true nature of its sales to Larval. Indeed, each report Medi-Hut filed with the Securities and Exchange Commission during the Class Period, including quarterly and annual reports, was devoid of any reference to the fact that one of its largest customers was controlled by a Company employee. These reports were disseminated to shareholders and/or were publicly available to potential investors.

Plaintiff alleges that the misrepresentations and omissions by defendants influenced the views of stock market analysts and the investing public and brought about an unrealistic assessment of the Company's performance and prospects; and that, as a result, Medi-Hut's stock traded at artificially inflated prices throughout the Class Period.

On February 4, 2002, the nature of the relationship between Medi-Hut, Lawrence Marasco and Larval Corp. was revealed to the market. The investing public, recognizing that a majority of the Company's revenues in fiscal year 2001 were generated via sales to a related party, reacted swiftly and severely. By the close of business on February 4, shares of Medi-Hut had lost 51% of their value, falling $3.41 per share to $3.29 in unusually heavy trading. Four days later, Grant Thornton LLP This article or section is written like an .
Please help [ rewrite this article] from a neutral point of view.
Mark blatant advertising for , using .
 ("Grant Thornton") resigned its position as Medi-Hut's independent auditor Independent Auditor

An external auditor with a certified public accounting designation that qualifies him or her to provide an auditor's report.

Notes:
These auditors aren't affiliated with the company being audited.
 after only two weeks. Grant Thornton served as the Company's auditors from January 24, 2002 through February 8, 2002.

If you purchased Medi-Hut common stock during the period from April 4, 2000 through February 4, 2002, inclusive, you may, no later than April 29, 2002, move to be appointed lead plaintiff. A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
. In order to be appointed lead plaintiff, the Court must determine that the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class. Under certain circumstances, one or more class members may together serve as "lead plaintiff." Your ability to share in any recovery, is not, however, affected by the decision whether or not to serve as a lead plaintiff.

For more information on this class action or to sign-up to participate this action online please visit our website at www.bergermontague.com.

Website: http://www.bergermontague.com
COPYRIGHT 2002 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2002, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Mar 1, 2002
Words:636
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