Cauley Geller Announces Class Action Lawsuit Against D&K Healthcare Resources, Inc. on Behalf of Investors
09 April 2004 - 5:40PM
PR Newswire (US)
Cauley Geller Announces Class Action Lawsuit Against D&K
Healthcare Resources, Inc. on Behalf of Investors NEW YORK, April 9
/PRNewswire/ -- The Law Firm of Cauley Geller Bowman & Rudman,
LLP announced today that a class action lawsuit has been filed in
the United States District Court for the Eastern District of
Missouri on behalf of purchasers of D&K Healthcare Resources,
Inc. ("D&K Healthcare" or the "Company") common stock during
the period between April 23, 2001 and September 16, 2002, inclusive
(the "Class Period"). A copy of the complaint filed in this action
is available from the Court, or can be viewed on the firm's website
at
http://www.cauleygeller.com/show_case.asp?ccode=271&pcode=10&pp=4
. The complaint charges D&K Healthcare, J. Hord Armstrong, III,
Martin D. Wilson, and Thomas S. Hilton with violations of Sections
10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule
10b-5 promulgated thereunder. More specifically, the complaint
alleges that, throughout the Class Period, defendants issued
numerous statements to the market concerning the Company's
financial results, which failed to disclose and/or misrepresented
the following adverse facts, among others: (1) that the Company's
seemingly positive financial results were, in material part, based
on its incentive- laden deals with Bristol which could not be
sustained in the long-term; (2) given the terms of the
incentive-laden deals with Bristol, the Company was subject to the
heightened risk that Bristol would stop providing it with favorable
purchasing opportunities; and (3) based on the foregoing,
defendants lacked a reasonable basis for their positive statements
about the Company and their earnings projections throughout the
class period. On September 16, 2002, after the close of trading,
D&K Healthcare shocked the market when it announced that it was
reducing its "EPS guidance before one-time charges related to the
implementation of SFAS 142 to approximately $0.13 -- $0.17, from
$0.30 to $0.31." According to the Company, during the first two
months of the fiscal 2003 first quarter, D&K's internal revenue
and margin objectives for its national chain business were not
achieved. The sales shortfall is principally the result of fewer
than expected purchasing and sales opportunities available during
the period. D&K's sales in the national chain business have
been variable from month to month historically, driven largely by
opportunistic purchases from pharmaceutical companies for
distribution primarily to national chains. In response to this
announcement, on September 17, 2002, the price of D&K
Healthcare common stock dropped more than 60% to close at $9.51 per
share on unusually high trading volume. If you bought D&K
Healthcare common stock between April 23, 2001 and September 16,
2002, inclusive, and you wish to serve as lead plaintiff, you must
move the Court no later than April 14, 2004. If you are a member of
this class, you can join this class action online at
http://www.cauleygeller.com/template8.asp?pcode=6&pp=1 . Any
member of the purported class may move the Court to serve as lead
plaintiff through Cauley Geller or other counsel of their choice,
or may choose to do nothing and remain an absent class member.
CauleyGeller is a national law firm that represents investors and
consumers in class action and corporate governance litigation. It
is one of the country's premiere firms in the area of securities
fraud, with in-house finance and forensic accounting specialists
and extensive trial experience. Since its founding, Cauley Geller
has recovered in excess of two billion dollars on behalf of
aggrieved shareholders. The firm maintains offices in Boca Raton,
Little Rock and New York. If you have any questions about how you
may be able to recover for your losses, or if you would like to
consider serving as one of the lead plaintiffs in this lawsuit, you
are encouraged to call or e-mail the Firm or visit the Firm's
website at http://www.cauleygeller.com/ . Contact: CAULEY GELLER
BOWMAN & RUDMAN, LLP Samuel H. Rudman, Esq. or David A.
Rosenfeld, Esq. Client Relations Department: Jackie Addison P.O.
Box 25438 Little Rock, AR 72221-5438 Toll Free: 1-888-551-9944 Fax:
1-501-312-8505 E-mail: DATASOURCE: Cauley Geller Bowman &
Rudman, LLP CONTACT: Samuel H. Rudman, Esq. or David A. Rosenfeld,
Esq., both of Cauley Geller Bowman & Rudman, LLP,
+1-631-367-7100 Web site: http://www.cauleygeller.com/
http://www.cauleygeller.com/show_case.asp?ccode=271&pcode=10&pp=4
http://www.cauleygeller.com/template8.asp?pcode=6&pp=1
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