Ice Miller LLP Issues Notice of Pendency of Class Action Against the City of Menasha, Wisconsin, Menasha Utilities, and Menasha Steam Utility

INDIANAPOLIS--(Business Wire)--
Pursuant to Section 21D(a)(3)(A)(i) of the Securities Exchange Act of 1934 (15
U.S.C. Section 78u-4(a)(3)(A)(i)), notice is given that a class action has been
filed in which claims are asserted on behalf of all persons or entities who
purchased or otherwise acquired City of Menasha, Calumet and Winnebago Counties,
Wisconsin, ("Menasha") $12,660,000 Taxable Steam Utility Revenue Bond
Anticipation Notes, CUSIP Number 586499AA3, due September 1, 2009 (the "2005
BANs") from February 1, 2005 to September 1, 2009 (the "2005 BANs Class
Period"), and/or Menasha $11,500,000 Taxable Steam Utility Revenue Bond
Anticipation Notes, CUSIP Number 586499AB1, due September 1, 2009 (the "2006
BANs") from December 1, 2006 to September 1, 2009 (the "2006 BANs Class Period).
Purchasers or holders of the 2005 BANs issued by Menasha are referred to herein
as the "2005 Class," and purchasers or holders of the 2006 BANs issued by
Menasha are referred to herein as the "2006 Class." The case caption is The
Lafayette Life Insurance Company, et al., v. City of Menasha, Wisconsin, et al.,
docket number 4:08CV0064, and is pending before the Honorable Judge Theresa L.
Springmann in the U.S. District Court for the Northern District of Indiana,
Hammond Division (Lafayette), 230 North Fourth Street, Lafayette, Indiana 47901.

The complaint asserts claims under section 10(b) of the Securities Exchange Act
of 1934 (15 U.S.C. 78j(b)) and Rule 10b-5 (17 C.F.R. Section 240.10b-5), on
behalf of purchasers or holders of the 2005 and/or 2006 BANs during their
respective Class Periods. These claims allege that Defendants intentionally or
with extreme recklessness misrepresented the truth about the following matters:
(1) the viability and terms of Steam Supply Agreements Defendants purportedly
had in place; (2) Defendants' ability to repay the 2005 BANs and the 2006 BANs
as they became due; (3) the total cost of the steam utility project; (4)
Menasha's ability and commitment to issuing bonds or appropriate other funds to
pay the 2005 BANs and 2006 BANs; and (5) representations regarding existing
contracts, environmental permits and approvals. As a result of these material
misrepresentations, the repayment obligations included in the 2005 BANs and 2006
BANs were never satisfied and the Plaintiffs suffered damages therefrom.

In addition to the federal securities claims asserted, the complaint also
asserts on behalf of the holders of the 2005 and 2006 BANs the following state
law claims against the Defendants: (1) violation of various states' securities
laws; (2) breach of contract; (3) common law fraud; (4) negligent
misrepresentation; (5) unjust enrichment; (6) breach of fiduciary duty; (7)
theft by virtue of business; (8) fraudulent transfer; (9) request for accounting
of funds; (10) promissory estoppel; and (11) unlawful taking in violation of
Article I of the Wisconsin Constitution.

Plaintiffs seek to recover damages on behalf of all class members and are
represented by Ice Miller LLP, of Indianapolis, Indiana. If you purchased or
acquired the 2005 or 2006 BANs during their respective Class Periods you may,
not later than 60 days from the date hereof, move the Court to serve as a lead
plaintiff, pursuant to Section 21D(a)(3) of the Securities Exchange Act of 1934
(15 U.S.C. Section 78u-4(a)(3)). If you are a holder of the 2005 or 2006 BANs
and would like more information about this litigation or your rights as a
potential class member, please contact: Michael A. Wukmer, Ice Miller LLP at
(317) 236-2439, michael.wukmer@icemiller.com, or http://www.icemiller.com.

Ice Miller LLP
Michael A. Wukmer, 317-236-2439
michael.wukmer@icemiller.com

Copyright Business Wire 2009