Fill and Sign the Amended Answer Mississippi 497314765 Form

IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI       PLAINTIFF VS. NO.             AND       DEFENDANTS AMENDED ANSWER       ("       ") and       ("       ") respond to the Complaint filed herein by       ("       ") as follows: FIRST DEFENSE The Complaint fails to state a claim upon which relief can be granted and accordingly, should be dismissed with prejudice with all costs to be assessed against       . SECOND DEFENSE The Complaint is barred by the doctrines of estoppel, laches, unclean hands, waiver and failure to mitigate damages. THIRD DEFENSE The customer lists which are the subject of       's Complaint do not constitute confidential information or trade secrets. FOURTH DEFENSE The bid computation procedures which are the subject of       's Complaint do not constitute confidential information or trade secrets. Responding to the Complaint paragraph by paragraph,       would show the following: 1. The allegations of paragraph 1 of the Complaint are admitted. 2. The allegations of paragraphs 2(a) and (b) of the Complaint are admitted. 3. The allegations of paragraph 3 of the Complaint are admitted. 4. It is admitted that       has been engaged in the business of wholesale of       ,       and       to and users of such consumer goods.       and       lack sufficient knowledge, information and belief upon which to base an opinion as to the truth or falsity of the present business of       and, thus, for the time of demanding strict proof thereof, deny same. 5.       admits that       , the president of       , met with       , a representative of       , at       headquarters in       , Mississippi in       , for the purpose of discussing a potential purchase of       's business by       .       denies the remaining allegations of paragraph       of the Complaint.       lacks sufficient knowledge, information and belief upon which to base an opinion as to the truth or falsity of the allegations contained in Paragraph       of the Complaint and, thus, for the purpose of demanding strict proof thereof, denies same. 6.       admits that in conjunction with the       meeting,       provided       with certain financial statements.       denies the remainder of the allegations of Paragraph       of the Complaint.       would affirmatively show that on the basis of the financial statements furnished to       in       ,       concluded that it was not interested in the purchase of       at that time.       lacks sufficient knowledge, information and belief upon which to base an opinion as to the truth or falsity of the allegations contained in Paragraph       of the Complaint and, thus, for the purpose of demanding strict proof thereof, denies same. 7.       admits that       , a representative of       , telephoned       in       and informed       that       would not offer to purchase       .       denies the remaining allegations of paragraph       of the Complaint.       lacks sufficient knowledge, information and belief upon which to base an opinion as to the truth or falsity of the allegations contained in Paragraph       of the Complaint and, thus, for the purpose of demanding strict proof thereof, denies same. 8.       and       admit that       attempted to recruit       to work for       in       in the business of sales of       in       , Mississippi.       and       would affirmatively show that       , an employee of       and longtime friend of       had approached       several times over the course of       years, on behalf of       and other previous employers of       regarding the possibility of       and       working together.       and       would further affirmatively show that at the time       approached       concerning the possibility of       working for       until after       was hired by       , neither       nor anyone involved in the decision to hire       , were aware that       had discussed with       the possible sale of its business.       and       would further affirmatively show that after the discussion with       in       ,       did not again discuss employment with       until       . The remaining allegations of paragraph 8 of the Complaint are denied. 9. The allegations of paragraph 9 of the Complaint call for a legal conclusion and are, accordingly, denied.       would affirmatively state that at all times relevant to the facts giving rise to this Complaint he dealt fairly and in good faith with       . 10. It is admitted that       asked       if he/she intended to continue in his/her employment with       . The remaining allegations of paragraph 10 of the Complaint are denied. 11. The allegations of paragraph 11 of the Complaint are admitted. 12. The allegations of paragraph 12 of the Complaint are denied.       and       would affirmatively show that       's customer lists and bid computation procedures do not constitute trade secrets. 13. The allegations of paragraph 13 of the Complaint are denied. 14. The allegations of paragraph 14 of the Complaint are denied. 15. The allegations of paragraph 15 of the Complaint are denied. It is specifically denied that       has suffered damages in the amount of $       or in any other amount whatsoever. 16. The allegations of paragraph 16 of the Complaint are denied. 17. The allegations of the unnumbered prayer for relief immediately following paragraph 16 of the Complaint are denied. It is specifically denied that       and/or       are liable to       in the amount of $       or in any other amount whatsoever. WHEREFORE, PREMISES CONSIDERED,       requests that this Court dismiss the Complaint filed herein by       , with prejudice with all costs to be assessed against       . Respectfully submitted, _______________________________________       Attorney for       Of Counsel:                         Telephone:       MSB #       Attorney for       CERTIFICATE OF SERVICE I,       , do hereby certify that I have this date delivered via United States Mail, postage prepaid, a true and correct copy of the above and foregoing document to the following listed counsel of record:       This the       day of       ,       . ______________________________