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Atherogenics Stockholders Sue for Lost Stock Value of $240M

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Case ID: 4146 | Stocks | 05/25/2006

A class action has been filed against Atherogenics, Inc. (NASDAQ:AGIX), a GA based research pharmaceutical company and certain of its officers and directors by stockholders who purchased the company's common stock between September 28, 2004 and December 31, 2004. 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.

Specifically, the complaint alleges that the company has developed drugs for use with several inflammatory diseases, including heart and arthritis. In September of 2004, the Company announced that it had positive data from one of its clinical trials with an anti-inflammatory product. As a result, the Company's research and development expenses for the third quarter of 2004 increased $16.9 million. However, plaintiffs allege that the Company's announcements:

• Hyped the results of inconclusive data
• That the Company was spending cash at high rates
• That the Company manipulated the results in order to increase its R&D budget

In December of 2004, the Company announced that its previous results were flawed. This news caused the Company's stock to fall 15 percent. Additional announcements rescinding earlier trial results caused the Company's stock to fall another 20 percent shortly thereafter.


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