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Fill and Sign the Affirmative Defenses Form

Fill and Sign the Affirmative Defenses Form

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IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI       , PLAINTIFF/PETITIONER VS. NO.       REPUBLICAN/DEMOCRATIC MUNICIPAL EXECUTIVE COMMITTEE FOR THE CITY OF       , MISSISSIPPI,       , CHAIRPERSON, DEFENDANT/RESPONDENT INTERVENERS ANSWER AFFIRMATIVE DEFENSES A) That the above styled and numbered Petition for Judicial Review of Primary Election is improperly filed in that the cause should be       versus       . B) Petitioner       fails to state a claim upon which relief can be granted. C)       is the duly qualified and certified City Alderman for Alderman District       of the City of       , Mississippi having won the election to that office by receiving the greatest number of votes from the electorate. D) The       voters alleged by       to be ineligible are, in fact and at law, eligible; and in the alternative, if the Court determines that any four of the six or so voters alleged to be ineligible are, in fact and at law, eligible then, in that event, the outcome would not change and       remains the duly qualified and elected Alderman of District       of the City of       , Mississippi. 6. Respondent, City of       , is without sufficient information to respond to Paragraph 6 of the Petition and therefore denies the same and required proof thereof. 7. Respondent, City of       , is without sufficient information to respond to Paragraph 7 of the Petition and therefore denies the same and required proof thereof. 8. Respondent, Intervener, City of       , denies the allegations contained in Paragraph 8 and subsections a,b,c,d,e and f. 9. Respondent, City of       , admits the allegations in Paragraph 9. 10. Respondent, City of       , denies the allegations in Paragraph 10. 11. Respondent, City of       , admits that two attorneys have signed affidavits with regard to this matter but is not possessed with sufficient facts to know whether or not and to what extent they have investigated this matter and therefore must deny the same as to content. 12. Respondent, City of       , denies the allegations contained in Paragraph 12. of the Petition. WHEREFORE, PREMISES CONSIDERED, Respondent, City of       , requests that this action be dismissed with prejudice and that all costs of Court and attorney fees for the defense of this action be assessed to the Plaintiff and that no relief be granted to the Plaintiff. That the decision of the       Municipal Republican Election Committee be affirmed and upheld; that judgment be entered confirming and re - establishing that the victory was duly held and the finding of the City of       Executive Committee should be confirmed for District       of the City of       , Mississippi and if mistaken in the relief herein sought, then Respondent prays for such other further and general relief as in equity or law that the City of       may be entitled to receive; all of which shall be at the cost of Petitioner, with attorney fees for Respondent, City of       . RESPECTFULLY SUBMITTED, CITY OF       _________________________________________ BY:       CERTIFICATE I, , do hereby certify that I have on this day mailed, postage prepaid, a true and correct copy of the above and foregoing to the following:                   Dated, this the       day of       ,       . _________________________________________       ATTORNEYS AT LAW

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