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Lawyers Sue Diebold on Behalf of Investors

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Case ID: 4586 | Stocks | 12/20/2005

Two law firms representing Diebold investors are suing Diebold Inc., claiming the Ohio company made misleading comments about its electronic voting machine business that led to artificially high share prices. Both lawsuits seek class-action status.

Both lawsuits seek class-action status. The lawsuits were filed in U.S. District Court in Cleveland and claim Diebold was "unable to assure the quality and working order of its voting machine products."

Both firms allege that Diebold violated federal securities laws by making misleading statements about the health of its voting machine business, causing Diebold stock to artificially rise.

The lawsuits also claim the company's actions led to poor forecasting and guidance of earnings that led to low and inaccurate restructuring charges in 2005. Once those charges were revealed on Sept. 21, share prices plummeting that day nearly 16 percent - from $44.37 to $37.47 on the New York Stock Exchange.

Diebold said then that rising fuel costs, poor automated-teller machine sales and unexpected delays of voting machine sales because of Hurricane Katrina forced it to slash third-quarter earnings by more than half - between 32 and 37 cents a share, including restructuring charges of 7 cents a share.

Diebold, whose main business is making ATMs and security systems, ventured into e-voting after the Florida punch-card debacle of 2000.


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