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Published on 3/26/2009 in the Prospect News Special Situations Daily.

LCA-Vision founder gives up bid for control

By Lisa Kerner

Charlotte, N.C., March 26 - The LCA-Vision Full Value Committee terminated its solicitation of written consents from LCA-Vision Inc. stockholders, according to a schedule 13D/A filed on Thursday with the Securities and Exchange Commission.

In addition, Craig P.R. Joffe, Alan H. Buckey, Jason T. Mogel, Robert Probst, Robert H. Weisman, Edward J. VonderBrink and the committee reported they are no longer members of the section 13D group.

LCA-vision founder and former chief executive officer Dr. Stephen N. Joffe, as the sole remaining reporting person, will continue filing statements on schedule 13D with respect to his beneficial ownership of LCA-Vision securities, the filing said.

According to the filing, "despite having received significant support from the stockholders" of the company, the committee is no longer seeking support to remove each member of LCA-Vision's board and elect its own slate.

The committee is also no longer interested in repealing any provision of the company's bylaws.

Craig Joffe, the company's former chief operating officer, withdrew his nomination of Stephen Joffe, Mogel, Probst, VonderBrink and Weisman for election to LCA-Vision's board at the company's 2009 annual meeting of stockholders.

As previously reported, LCA-Vision said three proxy advisory firms - RiskMetrics Group/ISS, Glass, Lewis & Co. and Proxy Governance, Inc. - supported keeping the Cincinnati-based laser vision correction services company's current board of directors and recommended that stockholders reject the dissident group's consent solicitation.

The shareholder group's consent solicitation was slated to end on April 9.


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