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Case Status:    SETTLED
On or around 09/07/1999 (Date of order of final judgment)

Filing Date: May 01, 1998

According to the final hearing held on September 2, 1999 by U.S. District Judge Judge George Caram Steef of the Eastern District of Michigan, a settlement has been approved. The agreement to settle the class action lawsuit was pending against the Company and three of its former senior officers who were also directors that alleges violations of the anti-fraud provisions of Section 10(b) of the Securities Exchange Act and Rule 10b-5 promulgated thereunder. The settlement provides for a payment by the Company's insurers of $10.25 million in satisfaction of all claims. According to this settlement, the certified class consists of all persons who purchased the Company's common stock from June 27, 1995 through July 29, 1998. The final approved settlement resulted in the claims asserted in this action, as well as any other claims relating to the Company's common stock, SEC filings and the conduct of the Company's business during the class period, being released and dismissed with prejudice.

The original complaint alleges that the market price of the Company's stock was artificially inflated as a result of alleged misstatements and omissions regarding the
quality, adequacy and honesty of the Company's manufacturing processes, the
Company's revenues, cost of goods sold, warranty expenses, net income,
inventory, accounts receivable and warranty liability. Specifically, the
complaint alleges that senior executives of the Company instructed employees to
inflate publicly reported financial results and sold old or used batteries as
new batteries, sold defective and mislabeled batteries and improperly credited
customer accounts.

COMPANY INFORMATION:

Sector: Technology
Industry: Electronic Instruments & Controls
Headquarters: United States

SECURITIES INFORMATION:

Ticker Symbol: EX
Company Market: New York SE
Market Status: Public (Listed)

About the Company & Securities Data


"Company" information provides the industry and sector classification and headquarters state for the primary company-defendant in the litigation. In general, "Securities" information provides the ticker symbol, market, and market status for the underlying securities at issue in the litigation.

In most cases, the primary company-defendant actually issued the securities that are the subject of the litigation, and the securities information and company information relate to the same entity. In a small subset of cases, however, the primary company-defendant is not the issuer (for example, cases against third party brokers/dealers), and the securities information and company information do not relate to the same entity.
COURT: E.D. Michigan
DOCKET #: 98-CV-60061
JUDGE: Hon. Barbara K. Hackett
DATE FILED: 05/01/1998
CLASS PERIOD START: 06/27/1995
CLASS PERIOD END: 04/03/1998
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Berman DeValerio Pease Tabacco Burt & Pucillo (MA)
    One Liberty Square, Berman DeValerio Pease Tabacco Burt & Pucillo (MA), MA 2109
    617.542.8300 617.230.0903 · info@bermanesq.com
  2. Kenneth A. Elan (Chicago )
    30 North LaSalle Street, Suite 3200, Kenneth A. Elan (Chicago ), IL 60602
    312782.4880 · mmiller@millerfauchner.com
  3. Wolf Popper, LLP
    845 Third Avenue, Wolf Popper, LLP, NY 10022-6689
    877.370.7703 212.486.2093 · IRRep@wolfpopper.com
No Document Title Filing Date
COURT: E.D. Michigan
DOCKET #: 98-CV-60061
JUDGE: Hon. Barbara K. Hackett
DATE FILED: 03/12/1999
CLASS PERIOD START: 06/27/1995
CLASS PERIOD END: 04/03/1998
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Berman DeValerio Pease Tabacco Burt & Pucillo (MA)
    One Liberty Square, Berman DeValerio Pease Tabacco Burt & Pucillo (MA), MA 2109
    617.542.8300 617.230.0903 · info@bermanesq.com
  2. Miller Faucher Cafferty & Wexler, LLP
    101 North Main Street - Suite 570, Miller Faucher Cafferty & Wexler, LLP, MI 48104
    734.769.2144 ·
  3. Wolf Popper, LLP
    845 Third Avenue, Wolf Popper, LLP, NY 10022-6689
    877.370.7703 212.486.2093 · IRRep@wolfpopper.com
No Document Title Filing Date