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Summary Notice of Proposed Settlement, Settlement Fairness Hearing, and Motion for Award of Attorneys' Fees and Reimbursement of Litigation Expenses
Date:11/16/2010

PHILADELPHIA, Nov. 16, 2010 /PRNewswire/ -- Berger & Montague, P.C. and Brower Piven, A Professional Corporation, Co-Lead Counsel for Lead Plaintiff and the Class in the Hemispherx Biopharma, Inc. securities class-action suit, announced the following:IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF PENNSYLVANIA:IN RE HEMISPHERX:BIOPHARMA, INC. LITIGATION:CIVIL ACTION NO.  09-CV-5262-PSD:SUMMARY NOTICE OF PROPOSED SETTLEMENT, SETTLEMENT FAIRNESS HEARING, AND MOTION FOR AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF LITIGATION EXPENSESTO:ALL PERSONS OR ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED THE COMMON STOCK OF HEMISPHERX BIOPHARMA, INC. ("HEMISPHERX") FROM FEBRUARY 18, 2009 THROUGH AND INCLUDING DECEMBER 1, 2009 (THE "CLASS PERIOD")PLEASE READ THIS NOTICE CAREFULLYIF YOU ARE A MEMBER OF THE CLASS DESCRIBED IN THIS NOTICE, YOUR RIGHTS WILL BE AFFECTED BY A CLASS ACTION LAWSUIT AND YOU MAY BE ENTITLED TO RECEIVE PAYMENTS PURSUANT TO A PROPOSED SETTLEMENTPursuant to Rule 23 of the Federal Rules of Civil Procedure and by Order of the United States District Court for the Eastern District of Pennsylvania dated October 20, 2010, a hearing will be held on January 20, 2011 at 10:00 a.m. in Courtroom 6B, United States Courthouse, 601 Market Street, Philadelphia, PA 19106, to determine (1) whether the proposed Settlement (the "Settlement") of the above-captioned action ("Action") for $3,600,000 should be approved by the Court as fair, reasonable, and adequate; (2) whether the motion of Co-Lead Counsel for an award of attorneys' fees and reimbursement of expenses should be approved; and (3) whether the Action should be dismissed with prejudice.

If you have not yet received in the mail the long-form version of the Notice of Pendency of Class Action and Proposed Settlement, Settlement Fairness Hearing, and Motion for Award of Attorneys' Fees and Reimbursement of Litigation Expenses (the "Notice") and Proof of Claim and Release Form ("Proof of C
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SOURCE Berger & Montague, P.C.; Brower Piven
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