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Rabin & Peckel LLP Files Class Action Against USN Communications, Inc. and Certain of Its Officers and Directors, and the Lead Underwriters of Its Initial Public Offering, Alleging Violations of Federal Securities Law.


NEW YORK--(BUSINESS WIRE)--Dec. 4, 1998--

The Following is an Announcement by Rabin & Peckel LLP LLP - Lower Layer Protocol :

A putative class action has been filed 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.
 for the Southern District of 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
 on behalf of a Class of purchasers of USN Communications, Inc. ("USN" or the "Company") (Nasdaq: USNC USNC United States National Committee (of ANSI) ) common stock on or traceable to the Company's initial public offering of 8,000,000 shares from February 4, 1998, through August 13, 1998, inclusive (the "Class Period").

The Complaint alleges that USN and certain of its officers and directors, and the lead underwriters of its initial public offering, violated the Securities Act of 1933 by making an untrue statement of a material fact and omitting to state material facts necessary to make the statements contained in the Prospectus not misleading. In particular, it is alleged that defendants failed to disclose financial results for the fourth quarter ending December 31, 1997, in which the Company had sustained a material net loss of $37.5 million, and falsely represented that the net proceeds of the initial public offering would be sufficient to meet planned capital expenditures and anticipated negative operating cash flow Operating cash flow

Earnings before depreciation minus taxes. Measures the cash generated from operations, not counting capital spending or working capital requirements.
 for the foreseeable future. The Complaint alleges that as a result of this material misrepresentation misrepresentation

In law, any false or misleading expression of fact, usually with the intent to deceive or defraud. It most commonly occurs in insurance and real-estate contracts. False advertising may also constitute misrepresentation.
 and omission, Class members were damaged.

Plaintiff is represented by the law firms of Rabin & Peckel LLP and The Law Office of Leo Leo, in astronomy
Leo [Lat.,=the lion], northern constellation lying S of Ursa Major and on the ecliptic (apparent path of the sun through the heavens) between Cancer and Virgo; it is one of the constellations of the zodiac.
 W. Desmond. Rabin & Peckel LLP and its predecessor firms have devoted its practice to shareholder class actions and complex commercial 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.
 for more than thirty years and have recovered hundreds of millions of dollars for shareholders in class actions throughout the United States.

If you purchased USN common stock during the Class Period described above, you may, no later than January 18, 1999, move the Court to serve as lead plaintiff, if you so choose. To serve as lead plaintiff, however, you must meet certain legal requirements. If you wish to discuss this action or have any questions concerning this announcement or your rights or interests, please contact plaintiff's counsel, Joseph V. McBride or Donald J. Wallace, Rabin & Peckel LLP, 275 Madison Avenue, New York, NY 10016, by telephone at (800) 497-8076 or (212) 682-1818, by facsimile at (212) 682-1892, or by e-mail at rabinlaw@ix.netcom.com, or Leo W. Desmond, The Law Office of Leo W. Desmond, 2161 Palm Beach Lakes Blvd., Suite 204, West Palm Beach, FL 33409, by telephone at (888) 337-6663 or (561) 712-8000, by facsimile at (561) 712-8002, by e-mail at Info@SecuritiesAttorney.com, or at his website at www.SecuritiesAttorney.com.
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No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1998, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Geographic Code:1U2NY
Date:Dec 4, 1998
Words:430
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