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in the circuit court of jackson county, missouri, at independence

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US BANK Refused to Reverse its Decision<br />

146. Medical Supply po<strong>in</strong>ted out th<strong>at</strong> it had not received a<br />

true reason for denial <strong>of</strong> <strong>the</strong> accounts and th<strong>at</strong> <strong>the</strong> reason<br />

given was a pretext <strong>at</strong> best.<br />

147. View<strong>in</strong>g US BANK’s actions, Medical Supply st<strong>at</strong>ed <strong>the</strong>y<br />

could only be expla<strong>in</strong>ed by a conflict <strong>of</strong> <strong>in</strong>terest due to US<br />

BANCORP’s exist<strong>in</strong>g healthcare <strong>in</strong>vestments and <strong>in</strong>volvement.<br />

148. Medical Supply felt extremely disturbed by <strong>the</strong><br />

apparent out come <strong>of</strong> this situ<strong>at</strong>ion, <strong>the</strong>re was not enough<br />

time to establish a new bank<strong>in</strong>g rel<strong>at</strong>ionship with ano<strong>the</strong>r<br />

n<strong>at</strong>ionally recognized Bank and Medical Supply would loose<br />

substantial momentum.<br />

149. Medical Supply had spent several months build<strong>in</strong>g up to<br />

roll out it’s supply cha<strong>in</strong> empowerment program and felt to<br />

change a trust rel<strong>at</strong>ionship <strong>in</strong> <strong>the</strong> middle will be<br />

devast<strong>at</strong><strong>in</strong>g to it’s entry to market.<br />

150. Medical Supply researched over 300 resumes only to<br />

f<strong>in</strong>d 30 th<strong>at</strong> appeared to be qualified.<br />

Defendants’ Fiduciary responsibility for trade secrets<br />

151. On or about 10/17/02 SAMUEL LIPARI telephoned Douglas<br />

Lewis and told him wh<strong>at</strong> had happened.<br />

152. Douglas said he had sent Brian Kabbes <strong>the</strong> good<br />

stand<strong>in</strong>g document<strong>at</strong>ion but not <strong>the</strong> bus<strong>in</strong>ess plan and<br />

associ<strong>at</strong>e program.<br />

30

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