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IN THE UNITED STATES DISTRICT COURT : JUD= JoAN tj. ~/zz~y;
FOR THE NORTHERN DISTRICT OF nUNOIS
EASTERN DIVISION
ALLEN EHRIJCH, individually and On
Behalf of All Others Silsrly Situated, I sp262OQ3
Plsinti$
V.
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~VAYckf&t%,~C.,=D,MCti~o, )
moh&s E. POWS& and KENNETH J-
FJXESNA,
Defendants. )
CLASS ACTION COMl'UINT FOR
]LATXON
VI0
Plainti$ Allen Ehrlich, (Tlaintiff') individually and on behaIfof all other
sitoated, by his undersigned attorneys, for his complaint against defendants, alleges the
based upon personal knowledge as to himself and his own acts, and information and belief
otbermatters, basedupon, Jnteralfa,thtinvestigationconducted bysndthroughbisattomeys,wbioh
included, among other things, a review of the defendants' public documents, conference calls
announcements ma@ by defendants, United States Securities and Exchange Commission ("SEC")
filings, wire and press releases published by and regarding Midway Games, Ino. ("Midway"
"Company'), and information readily obtainable on @e Internet. Plaintiff believes that
evidentiary support will exist for the allegations set forth herein aft& a reasonable
discovery.
pm
1. `lks is a federal securities class action brought by the Plaintiff on
and a Class consisting of all other persons who purchased the publicly u-ad-4 securities of
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sitoated, by his undersigned attorneys, for his complaint against defendants, alleges the
United States Securities and Exchange Commission
filings, wire and press releases published by and regarding Midway Games, Ino.
Plaintiff believes that substantial
`lks is a federal securities class action brought by the Plaintiff on behalf of himself
pursue remedies under the Securities Exchange Act of 1934.
continuous introduction of new titles and the development of new technologies.
In C0Meh01I with the acts, conduct and other wrongs alleged in this complaint,
During the Class Period, each of the Individual Defendants, as senior executive
publicly traded securities by disseminating marerislly false and misleading statements and/or
con&aling material adverse facts.
are hundreds or thousands of members in the proposed Class.
A class action is superior to all other available methods for the fair and efficient
Questions of law and fact common to the members ofthe Class predominate over any
Whether the federal securities laws were violated by Defendants' acts as
Our game development personnel are organized in teams.
per share excluding preferred stock charges, compared with a net loss of $3,01 I,000 or SO.08
anticipated games .such as Mortal Kombat:.
the Company reporred that revenues during the
The Company expects to ship at least 32 new home videogame
Analyst expectarions during the time period immediately before the conference call date of
which were therefore materially false and misleading.
At all relevant times, the material misrepresentations and omissions particularized
public documents Andy statements issued or disseminated in the name of the Company were
the issuance or dissemination of such Staten& or ticuments as primary violations of the
Plaintiffrepeats and reiterates the allegations set forth above as though fully set forth
continued substantial growth, which iucluded the rnakcing of, or the participation in the
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