UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
CASE NO.: ____________________________
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Dr. Robert Gluck, On Behalf
Of Himself And All Others Similarly
Situated, CLASS
ACTION
COMPLAINT
FOR
VIOLATIONS
OF
THE
Plaintiffs,
FEDERAL
SECURITIES
LAW
- against - JURY TRIAL DEMANDED
EAGLE BUILDING TECHNOLOGIES, INC.,
and ANTHONY M. D'AMATO,
Defendants.
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Plaintiff, individually and on behalf of all other persons similarly situated, by
undersigned counsel, alleges upon personal knowledge as to his own acts and upon the
investigation conducted by his counsel, which included, among other things, a review of the
public announcements made by defendants, Securities and Exchange Commission ("SEC")
filings, press releases and media reports regarding Eagle Building Technologies, Inc. ("Eagle
Building" or the "Company"), as follows:
-1-
NATURE OF THE CLAIMS
SNIPPETS:
----------------------------------------------------------x Dr. Robert Gluck, On Behalf
Plaintiff, individually and on behalf of all other persons similarly situated, by his
alleges upon personal knowledge as to his own acts and upon the
investigation conducted by his counsel, which included, among other things, a review of the
public announcements made by defendants,
filings, press releases and media reports regarding Eagle Building Technologies, Inc. ("Eagle
who purchased or otherwise acquired Eagle Building securities between
construction development, and precision engineered machinery and doors.
and made false and misleading statements regarding its post-September 11
As a result of Defendants' misrepresentations,
On February 14, 2002, the Securities and Exchange Commission (the
On February 27, 2002, Eagle Building's Chairman Anthony D'Amato,
This action arises under Sections 10and 20of the Exchange Act (15
shares of Eagle Building stock during the Class Period at artificially inflated prices,
and ownership of Eagle Building common stock was a controlling persons of the
D'Amato, the Company reported sales for the quarter of approximately $4.1 million, compared
Net income recorded for the three months ended March 31, 2001, is primarily due to sales of
The Company further reported gross profit of $2.4 million for the first quarter,
EAGLE BUILDING'S FALSE FINANCIAL STATEMENTS
GAAP are those principles
define accepted accounting practice at the particular time.
period No. 16 "Prior Period Adjustments,"
Members of the Class are so numerous that joinder of all members is
to the investing public omitted and/or misrepresented material facts about Eagle Building;
As a result of the dissemination of the materially false and misleading
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