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

secrets transmitted to them by Douglas Lewis and
disseminated them to hospital suppliers and GPO’s competing
with MSCI.
246. US BANCORP and US BANK violated their duty of
undivided loyalty to MSCI and to the escrow beneficiaries
thereof by engaging in self-dealing by requiring the escrow
account funds to be invested in a fund owned by US BANCORP
without disclosure of US BANCORP’s interest.
COUNT V
CAUSE OF ACTION FOR PRIMA FACIE TORT
247. Plaintiff hereby re-alleges the preceding averments of
facts and incorporates them herein.
248. Plaintiff hereby re-alleges the preceding averments of
facts and incorporates them herein.
249. US BANK and US BANCORP's Prima Facie Tort Part 1
1) Intentional lawful acts were committed by US
BANK and US BANCORP including:
a refusing to provide escrow account services;
b. circulating derogatory financial information
about MSCI.
c. placing warning notes against MSCI’s officers
on US BANK’s computer system
d. disparaging MSCI’s legal claims against US BANK
and US BANCORP
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