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

defendants was denied and the interlocutory appeal was
dismissed as moot.
16. Medical Supply appealed the dismissal of its
injunctive and declaratory relief action Medical Supply
Chain, Inc. v. US Bancorp, NA et al 10th Cir. Case No.: 03-
3342.
17. The Tenth Circuit upheld the trial court’s dismissal
without findings of law or fact and made a show cause order
why Medical Supply and its counsel should not be sanctioned
for a frivolous appeal.
18. Medical Supply answered the show cause order asserting
the trial court had applied the incorrect legal standard
and had misstated the USA PATRIOT Act.
19. The Tenth Circuit found that Medical Supply had pled a
conspiracy that included a separate legal entity,
contradicting the trial court’s ruling and the Tenth
Circuit panel found that Medical Supply was correct in the
existence of private rights of action under the USA PATRIOT
Act.
20. Instead of correcting its ruling and ordering that
Medical Supply was entitled to injunctive and declaratory
relief, the Tenth Circuit panel ordered that Medical
Supply’s counsel receive its most serious sanction for a
frivolous appeal.
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