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• BANKRUPTCY Accountant settles with investors’ trust for $30M SPOKANE, WASH. (AP) � The Metropolitan Mortgage & Securities Co. investors’ trust has agreed to a $30 million settlement with accounting firm PricewaterhouseCoopers LLC, which was accused of making mistakes that led to the financial conglomerate’s downfall. The money will be disbursed among thousands of investors who got burned when Metropolitan went bankrupt four years ago. The investors’ trust blamed Pricewaterhouse for Metropolitan’s collapse, alleging the accounting firm had violated its duty as independent auditor in 1999 and 2000. • BREACH OF CONTRACT Settlement reached over aborted buyout plan suit NASHVILLE, TENN. (AP) � Specialty retailer Genesco Inc. said it has agreed to settle with Finish Line Inc. and UBS A.G. over a disputed $1.5 billion buyout plan. The settlement would terminate the deal and require UBS and Finish Line to pay Genesco $175 million in cash and 12% of Finish Line’s outstanding common stock. Finish Line and UBS had been trying to get out of the deal they offered in June 2007, claiming Genesco wasn’t forthcoming about its financial situation. • INTENTIONAL TORTS Army officer told to pay $37M for Peru massacre MIAMI (AP) � A Florida federal judge has ordered a former Peruvian army officer to pay $37 million for his role in a 1985 massacre in Peru in which 69 civilians were slain, including elderly people and infants. Former Major Telmo Hurtado was ordered to pay two women � Ochoa Lizarbe and Pulido Baldeon � who were 12 at the time and survived the attack. The court found that Hurtado had committed torture, war crimes and crimes against humanity during the Peruvian military campaign against the Shining Path guerrilla group. • MEDICAL MALPRACTICE Cancer misdiagnosis suit yields $12M jury award PHILADELPHIA � A Pennsylvania state jury awarded $12 million to a woman with terminal breast cancer in her suit against two doctors for allegedly failing to diagnose the disease before it had progressed to an incurable stage. One of the doctors settled confidentially prior to trial. The jury concluded that the settling doctor was 35% responsible for the failure to diagnose. As a result, Angela Sutherlin stands to recover 65% of the verdict, or $7.8 million, from the nonsettling doctor, Arthur D. Magilner, and the Fox Chase Cancer Center. Sutherlin had a screening mammography in June 2003 in a Fox Chase mobile unit. Due to her medical history, she was not a proper candidate for a “screening” test in the mobile unit. In a subsequent mammogram in March 2004 at the Albert Einstein Medical Center, another doctor, Susan Summerton, misdiagnosed a lump as benign. At that stage, Sutherlin’s breast cancer was curable with a mastectomy. By the time, Sutherlin underwent surgery, the cancer had metastasized to her bones and organs. – ALM • PRICE-FIXING Paper wins $16M in suit against rivals over ads SAN FRANCISCO � A California state jury handed San Francisco Bay Guardian a victory worth $15.6 million in a predatory-pricing suit against two weekly competitors and their parent company. Jurors found that SF Weekly offered to sell advertising space below cost. They concluded that the below-cost ad sales were meant to injure or destroy competition, and that those ad sales by SF Weekly were a substantial factor in causing harm to the Bay Guardian. Jurors reached similar conclusions about SF Weekly parent company New Times Media (now called Village Voice Media Inc.) and the East Bay Express. Village Voice Media sold the Express last year. – ALM • REGULATORY ACTION Mutual funds manager fined by SEC over gifts BOSTON (AP) � The U.S. Securities and Exchange Commission has fined Fidelity Investments $8 million and brought civil charges against former money manager Peter Lynch and 12 others for receiving improper gifts from outside brokers vying to win Fidelity’s lucrative trading business. The SEC’s order settles a long-running case against the mutual fund manager, which was found to have accepted more than $1.6 million in perks from 2002 to 2004. The gifts included tickets to the Super Bowl and Rolling Stones concerts and private jet trips to exotic locations. • WRONGFUL DEATH San Francisco pays $21M to family of crash victim SAN FRANCISCO (AP) � The city of San Francisco has agreed to pay $21 million to the victims of a 2003 truck crash that killed a 4-year-old girl. Elizabeth Dominguez died of head injuries after a man driving a city vehicle lost control and pinned the girl against the wall of a pizza restaurant. Dominguez, her mother and friends were walking home from preschool when the Municipal Railway maintenance truck jumped a curb after running a red light.

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