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08-3187 Volume Appendix15.pdf - Medical Supply Chain

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ased on the defendants’ misconduct in preceding litigation that included<br />

conduct the respondent witnessed and knew occurred. See Exb. 10.<br />

18. The petitioner had also filed a partial summary judgment briefing the<br />

respondent on the current state of the applicable federal law governing the<br />

petitioner’s claims on this misconduct and providing supporting evidentiary<br />

documents. See “Memorandum In Support Of First Plaintiff’s Motion For<br />

Partial Summary Judgment Under F. R. CIV. P. Local Rule 56.1”,Exb 11. And<br />

Exb 11 supporting attachments 1 thru 13.<br />

19. The conduct complained of in the complaint and documented in the<br />

motion for partial summary judgment concerned extrinsic fraud through<br />

Extortion Under Color of Official Right in depriving the petitioner of<br />

representation so that the petitioner would be forced to forfeit his claims. See<br />

Exb 10.<br />

20. The extrinsic fraud of Extortion Under Color of Official Right used to<br />

procure the decision in this case was also contained in the procedural history<br />

portion of the petitioner’s state law contract claims against US Bank and US<br />

Bancorp (see Exb. 29) filed by the petitioner in the 16 th Circuit Court of the<br />

State of Missouri at Independence, Missouri and is again before the respondent<br />

without alteration after fraudulently being removed and transferred to the<br />

respondent where he exercised jurisdiction over them while the Tenth Circuit<br />

appeal of their dismissal was proceeding and the respondent was in the<br />

complete absence of jurisdiction.<br />

8<br />

<strong>08</strong>-<strong>3187</strong> <strong>Medical</strong> <strong>Supply</strong> <strong>Chain</strong> vs. Neoforma <strong>Volume</strong> XV 5703

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