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IN RE MSC INDUS. DIRECT CO., INC.

No. 02CV4422(ADS)(WDW).

283 F.Supp.2d 838 (2003)

In re MSC INDUSTRIAL DIRECT CO., INC. Securities Litigation.

United States District Court, E.D. New York.

September 13, 2003.

Attorney(s) appearing for the Case

Milberg Weiss Bershad Hynes & Lerach LLP, New York, NY, by Joshua H. Vinik, Esq. and Elizabeth A. Berney, Esq., Of Counsel, Attorneys for the Lead Plaintiff the International Association of Machinists National Pension Fund.

Curtis, Mallet-Prevost, Colt & Mosle, LLP, New York, NY, by Eliot Lauer, Esq., Nancy E. Delaney, Esq. and Theresa A. Foudy, Esq., Of Counsel, Attorneys for the Defendants.

ORDER

SPATT, District Judge.

This case involves allegations that MSC Industrial Direct Company, Inc. ("MSC") and certain of its officers and directors (collectively, the "defendants") made materially false and misleading statements concerning the financial health of MSC in violation of sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the "Exchange Act"). Presently before the Court is a motion by the defendants to dismiss the amended consolidated...

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