. >> the munster and beverage company is suing the san francisco city attorney's office over demandsmmates. the city says that munster must reduce the amount of caffeine is energy drinks as the marketing to minors. the company says that city attorney denis herrera is targeting munster by asking the company to produce documentation showing the drinks are safe. if the city attorney also faxed munster to reformulate their drinks and change the labels and marketing. this comes as the fda investigates reports of deaths that were linked to monster's bride adjust. the agency has said the reports do not prove that the drink cause any deaths. >> i strongly disagree with monsters legal contention, and i intend to litigate this case aggressively to reform their responsibility for marketing business practices. >> we will now take a break. the time is 6:27 a.m.. we are watching live pictures of new york with the new york stock exchange. look at 'em. living on cloud nine with that u-verse wireless receiver. you see in my day, when my mom was repainting the house, you couldn't just set up a tv in t

a note from gene munster of piper jaffray hit the stock hard today. for groupon. the stock since january is up 12%. 45% loss we've seen over the past one year that is really troubling for groupon. david: let's look at facebook once again. it did not do well today. coming down about 2.5%. again, as investors look more closely at this stock they wonder whether it has the oomph. [closing bell rings] >> "barron's" saying over the weekend, 25 is a healthy level for facebook. david: but the s&p at a new high. the dow couldn't hold onto the new high. it is down a little bit. but a new high on the s&p as the bells ring on wall street. looks like the dow might settle down closer to 10 points down. well actually, now up a tick. might be just about flat. s&p, anything in the positive side is record territory and it is there, up three points. nasdaq doing the best of all of those top three indices. up almost half a percentage point. small and mid-sized stocks doing quite well. as the market inches guess to parallel a little bit more what is happening in the gener

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some common ground, because when this explodes, this anabaptist fervor- for instance, the town of munster, a group of radical anabaptists took over the town, and they said, "jesus is coming back at any time now, and we need to be holy." so they took over the town, and they actually persecuted lutherans and catholics in it. well, shortly thereafter, an army made up of both protestants and catholics surrounded the town, and many people were- died. now out of that, someone, like mennonites, like simon, comes out of there and says, "we have to have a more neutral path." and so a certain set of doctrines were developed that the amish eventually draw on. jacob amman, the founder of the amish, tries to find a ground that is not radical, that is not so disruptive, but keeps that wall there. and we look to that period of time, where we're talking about the avoidance- you've heard of the shunning, or avoidance, the ban- that becomes part of it. if somebody has fallen away into sin, not to punish them so much, but to restore them, to bring them back into the fold. so we see that today in the amish r

. >> the munster beverage company is suing the sampras's go attorney's office.reduce the caffeine in their energy drinks and stop marketing them to minors. the company stated that they're being targeted because they are asked to produce documentation that their drugs are safe. the city attorney wants them to read do their drinks and to change their labels. the fda is investigating a death that is linked to the drinks. the report does not prove that the drinks cost death. now, the city attorney is responding with this " i strongly disagree with monsters legal intention and i strongly intend to produce this because of their irresponsible marketing that violates california's law. " >> a new opening day has been issued for the restaurant that closed in march. it will reopen on june 10th. this is when they had an electrical fire that caused extensive damage. the owners' stated that they would be it will open up sooner and june 10th is the day they will reopen their doors and they're not taking reservations. it is state- owned to their web site to see where you can st

jim munster is an analyst with piper jaffray and joins us on the cnbc news line.ing the case here for google. how far, how fast do you think it could run? >> so google has had a nice run, as you pointed out, but just to put it in perspective, over the last two or three years the stock hasn't had that much of a run and has underperformed vis-a-vis the rest of the internet group. that said, we still think it has another, you know, $50 or $100 upside short term. this is a company that's growing at 20%. there's a potential for even acceleration if they hit it nicely on display and valuation is still very, very attractive and it's traded nine times cash flow, you know, and almost cheaper than the s&p 500. >> people who look at the charts so far this year may make a more simple observation and that is that an cell down 12ers, 13% plus google has gained 22%. that's a huge move in opposite directions and a huge spread there of 30% and they might be tempted to think, therefore, that google might lose moment up. you don't think so in your view. >> there are two drivers and

gene munster, well-known analyst, said it doesn't affect apple stock for now unless they start changingge the rules on taxation? >> senator carl levin who is the guy who chairs this committeeio you see here grilling tim cook later. we talked to his staff yesterday and they were arguing that we need to not wait here for overall tax reform before the senate takes a look at some of these loopholes that they say apple took advantage of here to create these companies without a country so to speak. he says what they did was take offshoring to a whole new level and something like no shoring and what he'd like to do is eliminate the ability of companies to do that. john mccain, the republican on the committee seemed to support his comments and clearly, there are two key senators that need to be two key changes in the law that would prevent apple from doing this. whether that has the steam politically to get all of the way through a tax process is an entirely different question and probably a long way off for now, but what they're doing here is trying to tee up that battle for the future. >> tax