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1
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COMPLAINT
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EXTRACTED KEY WORDS
DEFENDANTS BUSINESS COMMON STOCK PRICE MISLEADING RETAIL FACTS SECURITIES RETAIL SUPERMARKET DIVISION PRICE-IMPACT BUSINESS PROSPECTS EXCHANGE ACT RIDER CLASS ACTION VIOLATIONS FEDERAL SECURITIES LAWS INDIVIDUAL DEFENDANTS MATERIAL FACTS FINANCIAL CONDITION PURCHASERS RELEVANT TIMES PRICE IMPACT PARTICIPATION MATERIALLY FALSE MISREPRESENTATIONS DISTRIBUTION INTERNAL CORPORATE DOCUMENTS SUPPLEMENT DISSEMINATION |
UNITED ISTRICT COURT
EASTERN DIS OF TEXAS
TEXARKAl'+A DIVISION
JANIS DOLAN, on behalf of
herself and all others similarly situated Civ. No. Ml 2
Plaintiff, CLASS ACTION
V.
FLEMING COMPANIES, INC., MARK
HANSEN, NEAL J. RIDER and THOMAS 4.
DAHLEN,
JURY TRIAL DEMANDED
Defendants.
COMPiLAINT
1. This is a class action lawsuit alleging violations of the federal
The claims asserted herein are filed on behalf of~all purchasers of the common stock of
Companies, Inc. ("Fleming" or the "Company")~between February 27,2002 and July 30,2002,
inclusive, (the "Class Period"), seeking to pursue remedies under the Securities
1934 (the "Exchange Act"). Beginning in early 2002, the defendants issued numerous
statements regarding Fleming's "price-impact" retail supermarket division. These statements
were made despite the fact that the defendants knew, or recklessly disregarded, that the
performance of Fleming's "price-impact" retail supermarket division was, in the words of
defendants, "disappointing." These statements falsely portrayed Fleming's business
and artificially inflated and maintained the price ~of Fleming common stock. The
capitalized on their false and misleading statements by: 1) lowering the interest rate
extending the maturity on $250 million of Fleming's debt; 2) raising over $155 million
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