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MILBERG WEISS BERSHAD
HYNES & LERACH LLP
WILLIAM S. LERACH (68581)
HELEN J. HODGES (131674)
ARTHUR C. LEAHY (149135)
600 West Broadway, Suite 1800
San Diego, CA 92101
Telephone: 619/231-1058
     - and -
ALISON M. TATTERSALL (149607)
222 Kearny Street, 10th Floor
San Francisco, CA 94108
Telephone: 415/288-4545

BARRACK, RODOS & BACINE
EDWARD M. GERGOSIAN (105679)
600 West Broadway, Suite 1700
San Diego, CA 92101
Telephone: 619/230-0800

BERGER & MONTAGUE, P.C.
SHERRIE R. SAVETT
GARY E. CANTOR
1622 Locust Street
Philadelphia, PA 19103
Telephone: 215/875-3000

Co-Lead Counsel for Plaintiffs

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA


 
In re FRITZ COMPANIES SECURITIES 
LITIGATION
___________________________________ 

This Document Relates To:
ALL ACTIONS.
 

___________________________________ 

 Master File No. C-96-2712-MHP
[filed Feb. 3, 1998]

CLASS ACTION

DATE: Submitted
TIME: Submitted
CTRM: The Honorable
           Marilyn Hall Patel

PLAINTIFFS' SUPPLEMENTAL
SUBMISSION OF AUTHORITY
PURSUANT TO LOCAL RULE 7-3(e)

Pursuant to Civ. L.R. 7-3(e), plaintiffs respectfully submit the Ninth Circuit's recently amended decision in Cooper v. Pickett, No. 95-55657, 1997 U.S. App. LEXIS 3933 (9th Cir. Aug. 8, 1997), as amended, in which the Court reversed the district court's dismissal of plaintiffs' financial fraud allegations and held that the complaint was sufficiently specific to withstand a motion to dismiss, even in the absence of any restatement of the company's financial statements. The Court's amendment does not affect the portions of the opinion previously cited by plaintiffs concerning the degree of particularity required to survive a motion to dismiss, but only clarified that defendants can be liable for their misleading statements to analysts. For the Court's convenience, a copy of the amended opinion is attached hereto as Exhibit A.
 
DATED: February 3, 1998  Respectfully submitted,

MILBERG WEISS BERSHAD
HYNES & LERACH LLP
WILLIAM S. LERACH
HELEN J. HODGES
ARTHUR C. LEAHY

______________________________
     HELEN J. HODGES 

600 West Broadway, Suite 1800
San Diego, CA 92101
Telephone: 619/231-1058

MILBERG WEISS BERSHAD
HYNES & LERACH LLP
ALISON M. TATTERSALL
222 Kearny Street, 10th Floor
San Francisco, CA 94108
Telephone: 415/288-4545

BARRACK, RODOS & BACINE
EDWARD M. GERGOSIAN
600 West Broadway, Suite 1700
San Diego, CA 92101
Telephone: 619/230-0800

BERGER & MONTAGUE, P.C.
SHERRIE R. SAVETT
GARY E. CANTOR
1622 Locust Street
Philadelphia, PA 19103
Telephone: 215/875-3000

Co-Lead Counsel for Plaintiffs

FRITZ\DRD01732.MIS

DECLARATION OF SERVICE BY MAIL
PURSUANT TO NORTHERN DISTRICT
LOCAL RULE 23-3(c)(2)

I, the undersigned, declare:

1. That declarant is and was, at all times herein mentioned, a citizen of the United States and a resident of the County of San Francisco, over the age of 18 years, and not a party to or interested in the within action; that declarant's business address is 222 Kearny Street, 10th Floor, San Francisco, California 94108.

2. That on February 3, 1998, declarant served the PLAINTIFFS' SUPPLEMENTAL SUBMISSION OF AUTHORITY PURSUANT TO LOCAL RULE 7-3(e) by depositing a true copy thereof in a United States mailbox at San Francisco, California in a sealed envelope with postage thereon fully prepaid and addressed to the parties listed on the attached Service List and that this document was forwarded to the following designated Internet site at:

http://securities.milberg.com

3. Declarant also caused to be personally served a true copy of the above on the parties denoted on the attached Service List.

4. That there is a regular communication by mail between the place of mailing and the places so addressed.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 3rd day of February, 1998, at San Francisco, California.
 
______________________________
JANETTE M. INGRAM

 

6 Feb 1998
Source: Milberg Weiss website