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IN THE CHANCERY COURT FOR THE JUDICIAL DISTRICT OF COUNTY, MISSISSIPPI PLAINTIFFVS. CIVIL ACTION NO. DEFENDANTS SEPARATE ANSWER AND AFFIRMATIVE DEFENSES OF TO CROSS-CLAIM OF COMES NOW, (" "), by and through its attorneys of record, and files its Answer and Affirmative Defenses to the Cross-claim filed against it herein by (" ") as follows: FIRST DEFENSE The Cross-claim fails to state a claim against upon which relief can be granted and moves to dismiss the Cross-claim pursuant to Rule 12(b)(6) of Mississippi Rules of Civil Procedure. SECOND DEFENSE ‘s Cross-claim and the relief requested therein against is barred by the doctrine of waiver. THIRD DEFENSE ‘s Cross-claim and the relief requested therein against is barred by the doctrine of laches. FOURTH DEFENSE ‘s Cross-claim and the relief requested therein against is barred by the statute by the applicable statute(s) of limitations, including Miss. Code Ann. § 15-1-49. FIFTH DEFENSE is estopped to assert the claims set forth in its Cross-claim against by virtue of and as a result of 's own actions and inactions. SIXTH DEFENSE The Cross-claim and the relief requested therein by against is barred by the doctrines of accord and satisfaction, payment, release and discharge, election of remedies and/or estoppel. SEVENTH DEFENSE ‘s Cross-claim and the relief requested therein against is barred by the doctrines of res judicata and collateral estoppel. EIGHTH DEFENSE ‘s Cross-claim and the relief requested therein against are barred by failure of consideration. NINTH DEFENSE ANSWER Defendant, answers the allegations of the Cross-claim herein paragraph by paragraph as follows: 1. realleges and reaffirms all matters set forth in its Separate Answer and Affirmative Defenses to the Complaint filed by herein and to the extent that any matters "set up" in ‘s Answer to ‘s Complaint and re-alleged and re-affirmed in paragraph are inconsistent with the Answer and Affirmative Defenses of said allegations of paragraph are denied. 2. The allegations of paragraph are admitted. 3. The paragraph of the Cross-claim beginning "WHEREFORE, PREMISES CONSIDERED", and including sub-paragraphs thereunder, is denied and it is specifically denied that is entitled to any of the relief request in the Cross-claim against or any relief whatsoever.WHEREFORE, moves that the Cross-claim filed against it herein by be dismissed with prejudice, with all costs assessed against the Cross-Plaintiff. THIS the day of , 20 . Respectfully submitted,_______________________________________ Attorney for CERTIFICATE OF SERVICE I, , do hereby certify that I have this day caused to be mailed, via United States mail, postage prepaid, a true and correct copy of the above and foregoing instrument to the following persons at their respective addresses: THIS the day of , 20 . ______________________________