Sprint Shareholder Suit Survives Dismissal Attempt

February 8, 2005 (PLANSPONSOR.com) - A Kansas state judge has turned aside a request from Sprint Corp. to throw out a class action shareholder lawsuit by former Sprint PCS shareholders.

According to lawyers for lead plaintiff institutional investor Carlson Capital, L.P., a private money management fund, the suit alleged a breach of fiduciary duty against Sprint directors and management in connection with a stock conversion.  The lawsuit centers on the company’s handling of a complex conversion of stock in which two separate tracking stocks – PCS and FON – were “recombined” into a consolidated common stock. The transaction brought “substantial” profit to directors and management at shareholder expense, the plaintiffs charged, according to law firm Grant & Eisenhofer P.A..

The suit alleges that the company illegally engineered a stock recombination by manipulating conversion ratios of the tracking stocks, grossly overvaluing Sprint’s declining land-line business. It points the finger of blame at former Sprint CEO William Esrey and COO Ronald LeMay, both of whom were forced to resign in 2003.

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Last fall, several months after the shareholder lawsuit was filed, Sprint took a $3.6 billion write-off on the FON operations, according to the plaintiffs.  The case is scheduled for trial in early 2006.

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