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Biotech / Medical : Vivus: into single digits -- Ignore unavailable to you. Want to Upgrade?

To: VLAD who wrote (436)	5/18/1998 8:50:00 PM
From: Herm	Read Replies (3) \| Respond to of 1016

Don't look now! I'm summarizing what came in the mail today. The United State District Court for the Southern District of New York just mailed out Notices of Pendency of Class Action and of Proposed Settlements in regards to the Nasdaq Market-Makers Antitrust Litigation against VVUS. 94 Civ. 3996 (RWS) M.D.L. No,.1023. The Proposed Settlements provide for aggregate payments, which, including interest, will total approximately $1,027,000,000 (before deductions for such fees and expenses as may be permitted by the Court) by the anticipated time of distribution 1999 (the "Settlement Fund"). Class Counsel will petition the Court sometime in late July for an award of attorney fees, not to exceed 17.5% of the Settlement Fund, and for reimbursement of litigation expenses, including the fees and expenses of experts. It will be very interesting where CEO Leland Wilson thinks 1 billion plus dollars would come from! Let's see what song and dance he will offer at the annual meeting of stockholders on May 21, 1998.

To: VLAD who wrote (436)	5/18/1998 8:55:00 PM
From: MIKE DUBIS	Read Replies (2) \| Respond to of 1016

Vlad: You are right about one thing: Just when it looks like it is all over, VVUS pops up substantially and then the same thing starts over again: it goes down and then it pops up. One of these times, it is either going to keep going up or it is not going to pop up. red or black; odd or even??? Regards Mike