CORRECTING and REPLACING Goodkind Labaton Rudoff & Sucharow LLP Announces Class Action Lawsuit Against Lancer Corporation.Business Editors/Legal Writers CORRECTION...by Goodkind Labaton Rudoff & Sucharow LLP LLP - Lower Layer Protocol NEW YORK--(BUSINESS WIRE)--May 17, 2004 In BW5699 issued May 17, 2004: Sixth graph, second sentence should read: no later than July 16, 2004 (sted: no later than July 14, 2004) The corrected release reads: GOODKIND LABATON RUDOFF & SUCHAROW LLP ANNOUNCES CLASS ACTION LAWSUIT class action lawsuit A lawsuit in which one party or a limited number of parties sue on behalf of a larger group to which the parties belong. For example, investors may bring a class action lawsuit against a brokerage firm that has actively promoted a tax AGAINST LANCER CORPORATION Goodkind Labaton Rudoff & Sucharow LLP filed a class action lawsuit on May 14, 2004 in the United States District Court for the Western District of Texas The United States District Court For the Western District Of Texas (W.D.Tex) is the Federal district court whose jurisdiction consists of the counties in the western part of the state of Texas. This district covers over 92,000 square miles and seven divisions. , on behalf of persons who purchased or otherwise acquired publicly traded securities of Lancer Corporation ("Lancer" or the "Company") (AMEX AMEX See: American Stock Exchange :LAN (Local Area Network) A communications network that serves users within a confined geographical area. The "clients" are the user's workstations typically running Windows, although Mac and Linux clients are also used. ) between October 26, 2000 and February 4, 2004, inclusive, (the "Class Period"). The lawsuit was filed against Lancer and George F. Schroeder, David F. Green and the Coca-Cola Company (NYSE NYSE See: New York Stock Exchange :KO)("Defendants"). If you are a member of this class you can view a copy of the complaint and join this class action online at http://www.glrs.com/get/?case=Lancer. The complaint alleges that Defendants violated 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. Specifically, the complaint alleges that during the Class Period, Defendants engaged in a pattern of fraudulent conduct involving the issuance of a series of false and misleading statements. The complaint additionally alleges that these statements were materially false and misleading because they materially described inaccurately the nature of Lancer's revenue by saying it was derived from legitimate business transactions, when in reality, substantial revenues were derived as a result of a scheme to artificially set the sales prices of Lancer's products to its customers. The goal of the scheme, the complaint further asserts, was to manipulate the sales of fountain products. In addition, the complaint alleges that Lancer's public statements failed to fully reveal that it had major manufacturing problems, which resulted in a high defect rate in its products. Lastly, the complaint alleges that Lancer engaged in a fraudulent scheme Noun 1. fraudulent scheme - an illegal enterprise (such as extortion or fraud or drug peddling or prostitution) carried on for profit illegitimate enterprise, racket with its largest customer, Coca-Cola Co. to artificially create demand for a new line of soda machine dispensers that Lancer was manufacturing for Coca-Cola to sell to its commercial customers. On January 14, 2004, Lancer announced that the Securities & Exchange Commission had launched a formal investigation into Lancer's reporting of its financial statements, revenue and cost recognition, and internal financial and accounting controls. On February 2, 2004, Lancer announced that the Company's longstanding auditor KPMG KPMG Klynveld Peat Marwick Goerdeler (accounting firm) KPMG Kaiser Permanente Medical Group KPMG Keiner Prüft Mehr Genau (German) KPMG Kommen Prüfen Meckern Gehen LLP ("KPMG"), had resigned. Lancer also disclosed that KPMG indicated that the reason for its resignation was that Lancer had not taken timely and appropriate remedial actions A remedial action is a change made to a nonconforming product or service to address the deficiency. Rework and repair are generally the remedial actions taken on products, while services usually require additional services to be performed to ensure satisfaction. with respect to "likely illegal acts." KPMG's comments were in stark contrast to Lancer's statements on January 30, 2004, that its audit committee did not find sufficient evidence of "intentional misconduct" or "accounting irregularities." Trading of Lancer shares has been halted since February 2, 2004. When and if trading resumes, it is virtually certain that Lancer common stock will trade far below the $7.50 trading price Trading price The price at which a security is currently selling. at which it was halted. Plaintiffs are represented by the law firm of Goodkind Labaton Rudoff & Sucharow LLP with offices in New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of , New York and Ft. Lauderdale, Florida. Goodkind Labaton is a pioneer in the field of investor protection, with forty years experience litigating securities class actions in courts throughout the country. Goodkind Labaton has over 50 attorneys in two offices and maintains an in-house staff of finance and accounting specialists. Goodkind Labaton also has extensive trial experience and, most recently, concluded a class action trial resulting in a landmark $185 million verdict for the plaintiff class. If you bought Lancer securities between October 26, 2000 and February 4, 2004, inclusive, you may qualify to serve as Lead Plaintiff. Lead Plaintiff papers must be filed with the court no later than July 16, 2004. If you would like to consider serving as lead plaintiff or have any questions about the lawsuit, please contact one of our representatives at investorrelations@glrslaw.com or Christopher Keller, Esq. at 800-321-0476. |
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