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Company: Bank of America et al.
Ticker Symbol: NASD: PACIX, NIEQX, NEMIX, PSCPX
Class Period: April 16, 2001 to July 3, 2003
Court: District, NJ
Date Filed: Sep-09-03
Lead Plaintiff Deadline: Nov-07-03
Allegations:
Notice is hereby given that a class action lawsuit was filed in the United States District Court for the District of New Jersey on behalf of all purchasers, redeemers and holders of shares of the Nations Institutional Reserves Convertible Securities Fund (Nasdaq:PACIX), Nations International Equity Primary Fund (Nasdaq:NIEQX), Nations Emerging Markets Fund (Nasdaq:NEMIX), Nations Fund Inc. Small Company Fund (Nasdaq:PSCPX) and other funds managed by wholly owned subsidiaries of Bank of America (collectively, the "Nations Funds") between April 16, 2001 and July 3, 2003 (the "Class Period").

The complaint charges the Nations Funds, Bank of America and certain of its wholly owned subsidiaries with violations of the Investment Company Act of 1940 and common law breach of fiduciary duties in return for substantial fees and other income for themselves and their affiliates. The Complaint alleges that during the Class Period, the Nations Funds and the other defendants engaged in illegal and improper trading practices, in concert with certain institutional traders, which caused financial injury to the shareholders of the Nations Funds. According to the Complaint, the Defendants surreptitiously permitted certain favored investors, including Defendant Canary Capital Partners, LLC and Canary Investment Management, LLC (collectively, "Canary") to illegally receive the prior day's price for orders placed after 4 p.m. This allowed Canary and other mutual fund investors who engaged in the same wrongful course of conduct to capitalize on post-4:00 p.m. information, while those who bought their mutual fund shares lawfully could not.

The complaint further alleges that defendants permitted Canary and other favored investors to engage in "timing" of the Nations Funds whereby these favored investors were permitted to conduct short-term, "in and out" trading of mutual fund shares, despite explicit restrictions on such activity in the Nations Funds' prospectuses.

If you acquired the securities of the defendants during the Class Period you may, no later than November 7, 2003, 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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