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Case Status:    SETTLED  
—On or around 10/04/1999 (Date of order of final judgment)
Current/Last Presiding Judge:  
Hon. Clarence A. Brimmer

Filing Date: June 22, 1998

According to the closing Order, dated October 4, 1999 from U.S. District Judge Clarence A. Brimmer of the U.S. District Court for the District of Colorado (Denver), the parties reached a settlement of $10 million, of which the Company paid $2.5 million in April 1999.

Four class action lawsuits were filed in the United States District Court of the District Court of Colorado against the Company and certain of its officers and directors. The actions were purportedly brought on behalf of purchasers of the Company's common stock between May 12, 1998 and June 17, 1998. In October 1998 these actions were consolidated, the class was certified and the class period was extended to July 23, 1998. The claims alleges violations of Sections 11 and 12 of the Securities Act of 1933 and Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. The actions seek unspecified compensatory and punitive damages, interest, attorneys' fees and other costs.

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