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U.S. District Judge Ortrie D. Smith in Kansas City, Mo., declined to disqualify Milberg Weiss & Bershad as co-lead class counsel with Entwistle & Cappucci, both based in New York, in ordering class certification of a securities case against NovaStar Financial Inc. of Kansas City. ( In re NovaStar Financial Securities Litigation, No. 04-cv-0330 W.D. Mo.) Smith noted that the indicted Milberg Weiss attorneys are not involved in this case and have taken leaves of absence from the firm. �Further, removal of Milberg Weiss as co-lead counsel would not only harm the class, but prematurely punish the firm for unproven allegations.� The court rejected NovaStar�s contention that four other courts have decided against appointing the firm and that appointing it would give dissatisfied class members a built in challenge.

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