ARON PARNES, , . Civil Actio~
Plaintiff, .
against - . .
DANIEL F. O'SULLIVAN, GREGORY C. :
KOWERT, TERRY J. BRADEN, TYRONE E.
RIEGEL, ROWLAND H. GEDDIE, III, .
E. THOMAS RIEGEL, THOMAS M. CLASS ACTION
O'SULLIVAN, JR., JAMES C. HILLMAN :
FREDERICK W. PADDEN, WILLIAM C.
BOUSQUETTE, THOMAS M. O'SULLIVAN, :
SR., O'SULLIVAN INDUSTRIES HOLDINGS,
INC., TE ELECTRONICS INC., TANDY :
CORPORATION, MERRILL LYNCH & CO., JURY TRIAL DEMANDED
WHEAT FIRST BUTCHER & SINGER, THE :
CHICAGO DEARBORN COMPANY and
RAUSCHER PIERCE REFSNES, INC., :
Defendants. .
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COMPLAINT
Plaintiff, by his counsel, alleges upon knowledge with respect to himself and his
acts and upon information and belief, which is based, in part, upon the investigation of
counsel, and publicly available reports and statements, as to all other matters as follows:
JURISDTCTION AND VENUE
1. This Court has jurisdiction over this action pursuant to 28 U.S.C. $1331 and
Section 22 of the Securities Act of 1933, as amended (the "Securities Act"), 15 U.S.C.
$77(v) and Section 27 of the Securities Exchange Act of 1934, ("the "Exchange Act"), 15
U.S.C. $7&a.
SNIPPETS:
Plaintiff, by his counsel, alleges upon knowledge with respect to himself and his own
Section 22 of the Securities Act of 1933, as amended, 15 U.S.C.
$77and Section 27 of the Securities Exchange Act of 1934,, 15
15 U.S.C. 578t and Rule lob-5 promulgated thereunder and $78j.
Venue is proper in this District pursuant to Section 22 of the Securities Act
In connection with the acts and conduct alleged herein, the defendants, directly
and on behalf of all other persons who purchased shares of O'Sullivan Industries Holdings,
Inc. pursuant to an initial public offering of 14,764,OOO
shares of O'Sullivan common stock at $22 per share sold by Defendant TE
Electronics Inc. which is a wholly-owned subsidiary of Defendant Tandy
Commission pursuant to a registration statement and offered
pursuant to an offering prospectus declared effective on and dated January
Statement and Prospectus during the Class Period.
Dearborn Company and Rauscher Pierce Refsnes,
All of the Individual Defendants had a duty to exercise due diligence and make
operations, financial condition, earnings, and future business prospects were contained in the
releases and filings alleged to be materially false and
misleading prior to or shortly after their issuance and had the ability and opportunity to
The Class herein is so numerous that joinder of all members is impracticable.
sales and % and 59.4 % for net income during this
further expand its sales through existing distribution channels,
manufacturing facilities in excess of base capacity.
the Prospectus in the sub-section entitled "Capacity Constraints"
they failed to state that the Company was experiencing capacity constraints and that as a
Defendants omitted to state material facts
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