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Abatix Stockholders Seek $7.5M in Lost Stock Value

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Case ID: 4121 | Stocks | 01/03/2005

A class action has been filed against Abatix Corporation, a supplier of safety, construction, restoration, and homeland security products, (NASDAQ: ABIX) and certain of its officers and directors by stockholders who purchased the company's common stock between 4/14/04 to 4/16/04. The action claims that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The stockholders seek to recover compensatory damages for the loss of value of their stock.

The complaint alleges that as a result of the announcement on April 14, 2004 that Abatix had entered into an agreement with Goodwin Group LLC ("Goodwin LLC") for the exclusive rights to distribute Goodwin LLC's RapidCool line of products worldwide, the price of Abatix common stock skyrocketed from $5.31 to $16.70. However, the NASDAQ Stock Market halted the trading of Abatix common stock on April 16, 2004, while they investigated Abatix's agreement with Goodwin LLC.

On April 21, 2004, Abatix issued a press release that disclosed that the company had not verified:
• the proprietary nature of the products in the RapidCool line
• whether any patents relating to RapidCool products in the name of another party have been assigned to Goodwin LLC
• whether any patent applications had been filed with respect to the product line
Claims in the April 14, 2004 release as to the efficacy and uniqueness of the products were based on representations made by Goodwin LLC and had not been verified by Abatix. Prior to its agreement with Goodwin LLC, the Company was able to perform only limited due diligence and had not been able to perform an in-depth analysis of the sales potential of the products, pricing, marketing strategy, and competitive products. As of April 14, 2004, there had been no sales of the product by either Abatix or by Goodwin LLC. Therefore, on April 21, 2004, once trading of Abatix stock resumed, the price of Abatix stock plummeted from $16.70 per share to close at $9.77.


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