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IN RE NBTY, INC. SECURITIES LITIGATION

No. 00CV4402(ADS)(ARL).

224 F.Supp.2d 482 (2002)

In re NBTY, INC. SECURITIES LITIGATION.

United States District Court, E.D. New York.

September 28, 2002.

Attorney(s) appearing for the Case

Milberg Weiss Bershad Hynes & Lerach LLP by Joshua H. Vinik, Esq. and George H. Sallaway, Esq., New York City, Wechsler Harwood LLP by Robert I. Harwood, Esq., Frederick W. Gerkens, III, Esq. and Jeffrey M. Norton, Esq., New York City, for Plaintiffs.

Edwards & Angell, LLP by Robert Novack, Esq. and Charles W. Stotter, Esq., Short Hills, NJ, for Defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

The plaintiffs bring this consolidated class action against the defendants NBTY, Inc. ("NBTY") and certain of its officers and directors (collectively, the "defendants") alleging that the defendants made materially false and misleading statements concerning the financial health of NBTY in violation of sections 10(b) and 20(a) of the Securities Exchange...

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