Milberg Weiss Announces Class Action Lawsuit Against Interstate Bakeries Corporation.Business Editors/Legal Writers NEW YORK--(BUSINESS WIRE)--March 14, 2003 The law firm of Milberg Weiss Founded in 1965 by attorneys Larry Milberg and Melvyn I. Weiss, Milberg Weiss (formerly known as Milberg Weiss & Bershad LLP) is a U.S. plaintiffs' law firm. Based in New York City, it is widely known for representing investors in securities class actions. Bershad Hynes & Lerach LLP LLP - Lower Layer Protocol announces that a 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 was filed on March 14, 2003, on behalf of purchasers of the securities of Interstate Bakeries Corporation Interstate Bakeries Corporation (IBC) (Pink Sheets: IBCIQ) or Interstate Brands Corporation was the largest wholesale baker and distributor of fresh bakery products in the United States, and is the owner of the Hostess, Wonder Bread, Dolly Madison, Butternut Breads, and Drake's ("IBC IBC International Building Code IBC Iraq Body Count IBC Institutional Biosafety Committee IBC Inflammatory Breast Cancer IBC International Business Company IBC Independence Blue Cross IBC Insurance Bureau of Canada IBC International Broadcasting Convention " or the "Company") (NYSE NYSE See: New York Stock Exchange : IBC) between September 17, 2002 and December 17, 2002, inclusive. A copy of the complaint filed in this action is available from the Court, or can be viewed on Milberg Weiss' website at: http://www.milberg.com/cases/ibc/ The action, numbered 03-0222, is pending in the United States District Court United States District Court In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. , Western District of Missouri, located at the Charles Evans For other persons named Charles Evans, see Charles Evans (disambiguation). Sir Robert Charles Evans M.D., DSc, (19 October 1918 - 5 December 1995), was a mountaineer, surgeon, and educator. Born in Liverpool, he was raised in Wales and became a fluent Welsh speaker. Whittaker Courthouse, 400 E. 9th Street, Kansas City, Missouri Kansas City is the largest city in the state of Missouri. It encompasses parts of Jackson, Clay, Cass, and Platte counties and is the anchor city of the Kansas City Metropolitan Area, the second largest in Missouri, which includes counties in both Missouri and Kansas. , 64106, against defendants IBC, Charles A. Sullivan, James Elsesser, Michael Kafoure and Frank Coffey. 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, by issuing a series of material misrepresentations to the market between September 17, 2002 and December 17, 2002, thereby artificially inflating the price of IBC securities. The Complaint alleges that IBC produces, markets, distributes and sells a wide range of bread, rolls, snack cakes, donuts, sweet goods and related products. Throughout the Class Period, as alleged in the complaint, defendants issued statements regarding the Company's financial performance and filed a 10-Q with the Securities and Exchange Commission concerning the Company's financial results. These statements were materially false and misleading because they failed to disclose and/or misrepresented the following adverse facts, among others: (i) that at least as early as September 17, 2002, IBC was experiencing a negative variance with respect to sweet goods as compared to the prior year and, therefore, defendants could not have perceived that sales of sweet goods were currently returning to normal levels; (ii) that IBC did not maintain sufficient centralized control over price increases to ensure that the Company could raise prices on bread products without damaging profitability. Rather, defendants knew that an increase in prices typically would result in a sacrifice in market share and that IBC was exposed to significant risk with respect to its ability to attain profits based upon commodity prices; and (iii) that sales on single item snack cakes, the Company's highest profit margin product, had dropped precipitously. On December 17, 2002, the Company shocked the market when it announced that earnings for the second quarter, which ended on November 16, 2002, were $11.6 million, or $0.26 per share, down 36.5% from $21 million, or $0.41 per share during the same period in the previous year on sequentially flat sales. On this news, shares of IBC fell $8.16 to $15 -- their lowest price in 19 months. If you bought the securities of IBC between September 17, 2002 and December 17, 2002, you may, no later than April 21, 2003, request that the Court appoint you as 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. You may retain Milberg Weiss Bershad Hynes & Lerach LLP, or other counsel of your choice, to serve as your counsel in this action. Milberg Weiss Bershad Hynes & Lerach LLP, a 190-lawyer firm with offices in New York City New York City: see New York, city. New York City City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S. , San Diego, San Francisco, Los Angeles, Boca Raton, Seattle and Philadelphia, is active in major litigations pending in federal and state courts throughout the United States. Milberg Weiss has taken a leading role in many important actions on behalf of defrauded investors, consumers, and companies, as well as victims of World War II and other human rights violations, and has been responsible for more than $30 billion in aggregate recoveries. The Milberg Weiss Web site (http://www.milberg.com) has more information about the firm. If you wish to discuss this action with us, or have any questions concerning this notice or your rights and interests with regard to the case, please contact the following attorney : Steven G. Schulman One Pennsylvania Plaza, 49th fl. New York, NY 10119-0165 Phone number: (800) 320-5081 Email: ibccase@milbergNY.com Website: www.milberg.com |
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