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

202. Medical Supply had a second preliminary injunction
hearing at 12:00 p.m. on December 12, 2002.
203. Medical Supply again sought urgent preliminary
injunctive relief, opposed by the defendants from trade
secret misappropriation and urgent preliminary injunctive
relief from USA PATRIOT Act reporting, but was denied.
204. On December 17, 2002 Medical Supply filed a notice of
interlocutory appeal to The Tenth Circuit Court of Appeals.
205. On June 16, 2003, the Kansas District Court dismissed
Medical Supply’s action for injunctive and declaratory
relief.
206. After losing a motion for new trial, Medical Supply
filed a timely notice for appeal on November 21, 2003.
207. On January 7 th , 2004, the Tenth Circuit dismissed the
interlocutory appeal as moot due to the superceding appeal
of the action’s dismissal.
The Third Attempt to Cover For Defendants’ Breach
208. The defendants subjected MSCI to threatened and or
actual USA PATRIOT Act Suspicious Activity Reporting
(S.A.R.) with the knowledge that such reporting would harm
or destroy MSCI’s ability to capitalize its entry into the
market for hospital supplies.
209. Never the less, on or about May 1st, 2003 Samuel
Lipari again attempted to substitute or cover the
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