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Company: Eaton Vance Funds
Ticker Symbol: NASD: ETALX, ETAZX, EBASX, EXFLX
Class Period: January 30, 1999 through November 17, 2003
Court: Southern District, NY
Date Filed: Feb-26-04
Lead Plaintiff Deadline: Apr-20-04
Allegations:
A class action lawsuit was filed on February 26, 2004, in the United States District Court for the Southern District of New York, on behalf of all purchasers, redeemers and holders of shares of Eaton Vance Funds, which are managed by Eaton Vance Corp. and its affiliates, from January 30, 1999 through November 17, 2003, inclusive (the "Class Period").

The following mutual funds are subject to this lawsuit:
Eaton Vance Advisers Senior Floating-Rate Fund (Nasdaq: EVAASFL)
Eaton Vance Alabama Municipals Fund (Nasdaq: ETALX, EVALX)
Eaton Vance Arizona Municipals Fund (Nasdaq: ETAZX, EVAZX)
Eaton Vance Arkansas Municipals Fund (Nasdaq: ETARX, EVARX)
Eaton Vance Asian Small Companies Fund (Nasdaq: EBASX, EVASX)
Eaton Vance Balanced Fund (Nasdaq: ECIFX, EMIFX, EVIFX)
Eaton Vance California Limited Maturity Municipals Fund (Nasdaq: ELCAX, EXCAX)
Eaton Vance California Municipals Fund (Nasdaq: EVCAX, EACAX)
Eaton Vance Classic Senior Floating Rate Fund (Nasdaq: EVACSFR)
Eaton Vance Colorado Municipals Fund (Nasdaq: ETCOX, EVCLX)
Eaton Vance Connecticut Municipals Fund (Nasdaq: ETCTX, EVCTX)
Eaton Vance Emerging Markets Fund (Nasdaq: EMEMX, ETEMX)
Eaton Vance Floating-Rate Fund (Nasdaq: EABLX, EBBLX, EVAFLRI, ECBLX, EVBLX)
Eaton Vance Floating-Rate High Income Fund (Nasdaq: EAFHX, EBFHX, ECFHX, EIFHX, EVFHX)
Eaton Vance Florida Insured Municipals Fund (Nasdaq: EAFIX, EBFIX)
Eaton Vance Florida Limited Maturity Municipals Fund (Nasdaq: ELFLX, EZFLX, EXFLX)
Eaton Vance Florida Municipals Fund (Nasdaq: ETFLX, EVFLX)
Eaton Vance Georgia Municipals Fund (Nasdaq: ETGAX, EVGAX)
Eaton Vance Global Growth Fund (Nasdaq: ECIAX, EDIAX, EMIAX, ETIAX)
Eaton Vance Government Obligations Fund (Nasdaq: ECGOX, EMGOX, EVGOX)
Eaton Vance Greater China Growth Fund (Nasdaq: ECCGX, EMCGX, EVCGX)
Eaton Vance Greater India Fund (Nasdaq: EMGIX, ETGIX)
Eaton Vance Growth Fund (Nasdaq: ECGFX, EMGFX, EVGFX)
Eaton Vance Hawaii Municipals Fund (Nasdaq: ETHWX, EVHWX)
Eaton Vance High Income Fund (Nasdaq: ECHIX, EVHIX)
Eaton Vance High Yield Municipals Fund (Nasdaq: ETHYX, EVHYX, ECHYX)
Eaton Vance Income Fund of Boston (Nasdaq: EVIBX, EIBIX, EBIBX, ECIBX)
Eaton Vance Institutional Senior Floating Rate-Fund (Nasdaq: EVASFLR)
Eaton Vance Kansas Municipals Fund (Nasdaq: ETKSX, EVKSX)
Eaton Vance Kentucky Municipals Fund (Nasdaq: ETKYX, EVKYX)
Eaton Vance Large Cap Core Fund (Nasdaq: EALCX, EBLCX, ECLCX)
Eaton Vance Large-Cap Value Fund (Nasdaq: ECSTX, EHSTX, EMSTX)
Eaton Vance Louisiana Municipals Fund (Nasdaq: ETLAX, EVLAX)
Eaton Vance Low Duration Fund (Nasdaq: EALDX, EBLDX, ECLDX)
Eaton Vance Maryland Municipals Fund (Nasdaq: ETMDX, EVMYX)
Eaton Vance Massachusetts Limited Maturity Municipals Fund (Nasdaq: ELMAX, EXMAX, EZMAX)
Eaton Vance Massachusetts Municipals Fund (Nasdaq: EVMAX, EVAMAMI, ETMAX)
Eaton Vance Michigan Municipals Fund (Nasdaq: ETMIX, EVMIX)
Eaton Vance Minnesota Municipals Fund (Nasdaq: ETMNX, EVMNX)
Eaton Vance Mississippi Municipals Fund (Nasdaq: ETMSX, EVMSX)
Eaton Vance Missouri Municipals Fund (Nasdaq: ETMOX, EVMOX)
Eaton Vance Municipal Bond Fund (Nasdaq: EVMBX, ETMBX, EBMBX) Eaton Vance National Limited Maturity Municipals Fund (Nasdaq: ELNAX, EZNAX, EXNAX)
Eaton Vance National Municipals Fund (Nasdaq: EVHMX, ECHMX, EANAX, EIHMX)
Eaton Vance New Jersey Limited Maturity Municipals Fund (Nasdaq: ELNJX, EXNJX)
Eaton Vance New Jersey Municipals Fund (Nasdaq: ETNJX, EVNJX)
Eaton Vance New York Limited Maturity Municipals Fund (Nasdaq: ELNYX, EXNYX, EZNYX)
Eaton Vance New York Municipals Fund (Nasdaq: ETNYX, EVNYX)
Eaton Vance North Carolina Municipals Fund (Nasdaq: ETNCX, EVNCX)
Eaton Vance Ohio Limited Maturity Municipals Fund (Nasdaq: ELOHX, EXOHX)
Eaton Vance Ohio Municipals Fund (Nasdaq: ETOHX, EVOHX)
Eaton Vance Oregon Municipals Fund (Nasdaq: ETORX, EVORX)
Eaton Vance Pennsylvania Limited Maturity Municipals Fund (Nasdaq: EZPNX, ELPNX, EXPNX)
Eaton Vance Pennsylvania Municipals Fund (Nasdaq: ETPAX, EVPAX)
Eaton Vance Prime Rate Reserve (Nasdaq: EVAPRAT)
Eaton Vance Rhode Island Municipals Fund (Nasdaq: ETRIX, EVRIX)
Eaton Vance Small Cap Growth Fund (Nasdaq: EBSMX, ECSMX, ETEGX)
Eaton Vance Small Cap Value Fund (Nasdaq: EASCX, EAVSX, EBVSX, ECVSX)
Eaton Vance South Carolina Municipals Fund (Nasdaq: EASCX, EVSCX)
Eaton Vance Special Equities Fund (Nasdaq: ECSEX, EMSEX, EVSEX)
Eaton Vance Strategic Income Fund (Nasdaq: EVSGX)
Eaton Vance Tax Managed Equity Asset Allocation Fund (Nasdaq: EAEAX, EBEAX, ECEAX)
Eaton Vance Tax Managed Small Cap Growth Fund 1.2 (Nasdaq: EXMGX, EYMGX, EZMGX)
Eaton Vance Tax Managed Small Cap Value Fund (Nasdaq: ESVAX, ESVBX, ESVCX)
Eaton Vance Tax Managed Small-Cap Growth Fund 1.1 (Nasdaq: ECMGX, EMMGX, ETMGX)
Eaton Vance Tax-Managed Dividend Income Fund (Nasdaq: EADIX, EBDIX, ECDIX)
Eaton Vance Tax-Managed Growth Fund 1.0 (Nasdaq: CAPEX)
Eaton Vance Tax-Managed Growth Fund 1.1 (Nasdaq: EMTGX, ETTGX, ECTGX, EITMX, EVATMGS)
Eaton Vance Tax-Managed Growth Fund 1.2 (Nasdaq: EXTGX, EYTGX, EZTGX, EDTGX, EITGX)
Eaton Vance Tax-Managed International Growth Fund (Nasdaq: ECIGX, EDIGX, EMIGX, ETIGX)
Eaton Vance Tax-Managed Mid-Cap Core Fund (Nasdaq: EBMCX, ECMCX, EXMCX)
Eaton Vance Tax-Managed Multi-Cap Opportunity Fund (Nasdaq: EACPX, EBCPX, ECCPX)
Eaton Vance Tax-Managed Value Fund (Nasdaq: EATVX, EBTVX, ECTVX, EDTVX)
Eaton Vance Tennessee Municipals Fund (Nasdaq: ETTNX, EVTNX)
Eaton Vance Utilities Fund (Nasdaq: ECTMX, EMTMX, EVTMX)
Eaton Vance Virginia Municipals Fund (Nasdaq: ETVAX, EVVAX)
Eaton Vance West Virginia Municipals Fund (Nasdaq: ETWVX)
Eaton Vance Worldwide Health Sciences Fund (Nasdaq: ECHSX, EDHSX, EMHSX, ETHSX)
Eaton Vance-Atlanta Capital Intermediate Bond Fund (Nasdaq: ATLINBR, EIINX)
Eaton Vance-Atlanta Capital Large-Cap Growth Fund (Nasdaq: ATLLCGR, EILGX)
Eaton Vance-Atlanta Capital Small-Cap Fund (Nasdaq: ATLSMCR, EISMX)

The complaint charges Eaton Vance Corp., the "Investment Advisors Defendants," consisting of Eaton Vance Management, Boston Management and Research, Lloyd George Investment Management (B.V.I.) Limited, Lloyd George Investment Management (Bermuda) Limited, and OrbiMed Advisors LLC, and certain trustees of the Funds, with violations of the Investment Company Act of 1940 (the "Investment Company Act"), the Investment Advisers Act of 1940 (the "Investment Advisers Act"), and for common law breach of fiduciary duties. The Complaint charges that, throughout the Class Period, defendants issued false and misleading statements in Eaton Vance Funds' registration statements and prospectuses and, as a result, plaintiffs and the Class were damaged.

The Complaint alleges that the Investment Adviser Defendants drew upon the assets of the Eaton Vance Funds to pay brokers to aggressively push Eaton Vance Funds over other funds, and that the Investment Adviser Defendants concealed such payments from investors by disguising them as brokerage commissions. Such brokerage commissions, though payable from fund assets, are not disclosed to investors in the Eaton Vance Funds public filings or elsewhere.

Thus Eaton Vance Funds investors were induced to purchase Eaton Vance Funds by brokers who received undisclosed payments from the Investment Adviser Defendants to push Eaton Vance Funds over other mutual funds and who therefore had an undisclosed conflict of interest. Then, once invested in one or more of the Eaton Vance Funds, Eaton Vance Funds investors were charged and paid undisclosed fees that were improperly used to pay brokers to aggressively push Eaton Vance Funds to yet other brokerage clients.

The Investment Adviser Defendants were motivated to make these secret payments to finance the improper marketing of Eaton Vance Funds because their fees were calculated as a percentage of funds under management and, therefore, tended to increase as the number of Eaton Vance Funds investors grew. The Investment Adviser Defendants attempted to justify this conduct on the ground that by increasing the Eaton Vance Funds assets they were creating economies of scale that inured to the benefit of investors but, in truth and in fact, Eaton Vance Funds investors received none of the benefits of these purported economies of sale. Rather, fees and costs associated with the Eaton Vance Funds steadily increased during the Class Period (as defined herein), in large part because the Investment Adviser Defendants continued to skim from the Eaton Vance Funds to finance their ongoing marketing campaign. The Eaton Vance Funds trustees, who purported to be Eaton Vance investor watchdogs, knowingly or recklessly permitted this conduct to occur.

By engaging in this conduct, the Investment Adviser Defendants, and the defendant entities that control them, breached their statutorily-defined fiduciary duties under Sections 36(a) and (b) of the Investment Company Act, and Sections 206 of the Investment Advisers Act, breached their common law fiduciary duties, and knowingly aided and abetted the brokers in the breach of fiduciary duties to their clients. The Investment Adviser Defendants also violated Section 34(b) of the Investment Company Act because, to further their improper campaign, they made untrue statements of material fact in fund registration statements, and material omissions, with respect to the procedure for determining the amount of fees payable to the Investment Adviser Defendants and with respect to the improper uses to which the fees were put. Additionally, the Eaton Vance Funds trustees breached their common law fiduciary duties to the Eaton Vance Funds investors by knowingly or recklessly allowing the improper conduct alleged herein to occur and harm Eaton Vance Funds investors.

If you acquired the securities of the defendants during the Class Period you may, no later than the Lead Plaintiff Deadline shown above, request that the Court appoint you as lead plaintiff through counsel of your choice. You may also choose to remain an absent class member. A lead plaintiff must meet certain requirements.


If you feel you qualify for damages or remedies that might be awarded in this class action please fill in our form on the right to submit your complaint.

If your injustice does not match the complaint described above, please use this form to register your complaint. Thank you.

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