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IN RE COTT CORP SECURITIES LITIGATION Click to find out why . . .



Keywords & Phrases
CaseNo: CC49720, CourtName: CLASS ACTION CASES, UniqueCaseRef: LCD>CC49720, Stock, Therewith, Cott Stock, Shares, Proceeds, Common Stock, Reports, Canada, Exchange, Shareholders, Ftc, Stating, Oppenheimer, Easinq, Vearg, Oast, Marsins, Jones News Wire, Dow Jones News, Annual Basis, Ship, Nudging, Investment, Growth Btock, Feed False, Conduit, Securities Analysts, Guidance, Market Prices, Misleading , ContentID: 120249604

Case Documents
1 1994-04-06 CONSOLIDATED COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 122282
51 pages
PDF
Total Documents: 1 document , 51 pages
Price: $ 19.95


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1 . CONSOLIDATED COMPLAINT

EXTRACTED KEY WORDS
THEREWITH
COTT STOCK
SHARES
PROCEEDS
COMMON STOCK
REPORTS
CANADA
EXCHANGE
SHAREHOLDERS
FTC
STATING
OPPENHEIMER
EASINQ
VEARG
OAST
MARSINS
JONES NEWS WIRE
DOW JONES NEWS
ANNUAL BASIS
SHIP
NUDGING
INVESTMENT
GROWTH BTOCK
FEED FALSE
CONDUIT
SECURITIES ANALYSTS
GUIDANCE
MARKET PRICES
MISLEADING
            UNITED  STATES  DISTRICT  COURT
            s0m-m~                        DISTRICT  OF  NEW  YORK
            _______--_--_-__*_*___________                                            -X
l           DeWAINE  A.  DUNCAN,  et  al.,
                                                                                             .
        .>
                                                              Plaintiffs,                    :    
                                                                                             :    
                                        -against-                                            :    
            GERALD PENCER,  et  al.,                                                              
                                                                                             :    
                                                              Defendants.                    :
            -__-__-__--_--**-_*-__________                                            -X
            THIS  DOCUMENT RELATES  TO:                                                           
            ALL  ACTIONS                                                                     :    
            _*___*____--*-----_-----------                                            -X


                             Plaintiffs,                      by  their  undersigned               
ass
            Action  Consolidated                                   Complaint          against      
            information                            belief         (based  upon  the  investigation 
                                                                                      *
            plaintiffs'                            attorneys),                except  as  to 
            alleged                    on  knowledge,                      as  follows:

                                                                   J J
                             1.                 This  is  a  securities                      class 
            persons  who  purchased                                        shares  of  common 
             (wCott"  or  the  I*Company")  between  July  19,  1993  and  January  18,
            1994  (the  "Class  Period")                                         and  were  damaged

            Cott  sells  private                                  label  beverages                 
            private                     label  food  products                       to  retailers, 
            or  discount                           warehouse  chains.                        During
            reported                           extraordinary                revenue  and  profit   
            its  stock  was  a  very  strong  performer,                                           
      .     high  of  more  than  $37  in  October,                                               
            during  the  Class  Period  Cott  was  reporting                                       
ed
            profits                     and  earnings                 per  share  due  to  improper
            techniques                           while  it  was,  in  fact,                       



competition          and  softening             demand  for  its  products                    
resulting         in  pressure            on  its  profit           margins        and  a  slowing 
growth.          In  an  effort           to  conceal           this  deterioration              in
business         and  profitability              and  its  future               prospects       
SNIPPETS:
  • FTC reported losses of $234
  • shareholders.
  • Cott's stock from July 19, 1993 to January 18, 1994;
  • Exchange in the U.S. and the Toronto Exchange in Canada,
  • shares of Cott stock during 1993 for proceeds of $5.3 million
  • therewith.
  • all persons who purchased shares of common stock of Cott between July 19, 1993 through
  • Whether the market prices of Cott common stock
  • COTT'S GUIDANCE TO SECURITIES ANALYSTS
  • AND USE OF THEM AS A CONDUIT TO FEED FALSE
  • Because Cott stock was a "growth btock" and traded at a
  • reports.
  • INVESTMENT CONCLUSION: We are again nudging
  • begin to ship toward the middle of FY 1994 and,
  • annual basis.
  • On January 22, 1993, the Dow Jones News Wire reported
  • marsins for the oast two vearg.
  • is easinq I.
  • On January 26, 1993, Oppenheimer & Co. issued a
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