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Wednesday, 06/23/2004 1:24:06 PM

Wednesday, June 23, 2004 1:24:06 PM

Post# of 17459
~NMXS news just out...

NMXS: Lawsuit Filed by Manhattan Scientifics Dismissed [delayed]
Ridgeland, MS, JUN 23, 2004 (EventX/Knobias.com via COMTEX) --
According to an 8-K filed Wednesday, on June 8, 2004, NMXS.Com Inc (OTCBB: NMXS) filed a Form 8-K disclosing that on June 1, 2004, it received a lawsuit filed by Manhattan Scientifics, Inc. The lawsuit was filed in the United States District Court for the Southern District of New York, Case No. 04 CV 4034. The plaintiff is Manhattan Scientifics, Inc. and the defendants are the Company and Richard Govatski, individually. Mr. Govatski is its President and director. The 2 claims for relief in the complaint are as follows: (1) alleged breach of a Common Stock Purchase Warrant issued by us to Manhattan Scientifics for allegedly declining to honor Manhattan Scientifics' request to exercise, on a cashless basis, certain of the warrants, and (2) a claim for tortuous interference with contract against Mr. Govatski, individually. Both claims are each for damages not less than $1,500,000. For the claim against the Company, it is its position, among other defenses that the warrants were issued in a transaction that was not an arms length transaction and therefore, the warrants, among other things, cannot be honored and should be cancelled.

On June 18, 2004, in checking the Court's docket, its litigation counsel learned that an Order had been issued sua sponte on June 4, 2004 by Judge P. Kevin Castel of the United States District Court for the Southern District of New York, dismissing the lawsuit. Neither the Court nor Manhattan Scientifics previously had notified the Company of the Order of dismissal. The Order stated that there was no diversity jurisdiction in the case since the Company is a Delaware corporation and Manhattan Scientifics is a Delaware corporation. The sole basis for jurisdiction alleged in the lawsuit was diversity of citizenship.

GET KNOBIAS IN REAL-TIME: Delivery of this proprietary Knobias alert has been delayed by at least 10 minutes. To get all Knobias alerts in real-time daily, visit http://www.knobias.com/cmtx

ABOUT KNOBIAS: Knobias is a premier financial information provider of trading and investing data covering all U.S. equities for investors and security professionals. Knobias is best described by its three major components: Real-time desktop applications providing quotes, charts, level 2, analysis etc.; Knobias RAiDAR providing thousands of real-time news stories, alerts and documents daily; Knobias fundamentals providing a comprehensive database of fundamental research information.

Knobias.com, LLC
601-978-3399
601-978-3675
info@knobias.com
www.knobias.com/cmtx

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Copyright 2004 Knobias.com, LLC, All rights reserved.

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