Fill and Sign the Suffolk Ss Commonwealth of Massachusetts Massgov Form

IN THE CHANCERY COURT OF COUNTY, MISSISSIPPI , PLAINTIFF(S) vs. NO. , DEFENDANT(S) COMPLAINT , and by their attorneys, file this suit against and would show as follows: 1. The Defendant is a Mississippi corporation which may be served with process of this Court by serving its agent for process, , , , Mississippi . T he principal place of business of said Defendant is in County, Mississippi. 2. The Plaintiffs are all adult resident citizens of Mississippi; and in , and were all partners in one or more of , and al l general partnerships which were engaged in the equipment leasing business. A schedule of each Plaintiffs ownershi p in each partnership is attached as Exhibit . During said time, Defendant, , was the agent for the partnerships to collect equipment rentals and pay said rent to said Plaintiffs. 3. Although the Defendant had a duty to promptly distribute said receipts to the Partnership, on information and belief, Plaintiffs aver that Defendant held said receipts for an unreasonably long length of time, after the funds were received by Defendant, during which ti me the Defendant had the use and benefit of retaining said funds. Defendant had a duty to Plaintiffs to deliver said funds no more than days from the date of receipt. 4. As a result of the Defendant's breach of its fiduciary duty to promptly distribute said funds, Defendant has been unjustly enriched by the value of the use of said money and is therefore liable to the Partnerships at interest at the legal rate of percent ( %). 5. Said Partnerships have now ceased to exist, and the Plaintiffs, as partners, are now, by operation of law, owners of their pro rata share of the partnership assets. Therefore, each of the Plaintiffs owns his pro rata share of the assets of each partnership, which assets include the claims against Defendant for interest on the partnership funds accruing while in the hands of the Defendant. WHEREFORE, Plaintiffs demand that Defendant account to them for the use of said funds and pay to Plaintiffs interest at the rate of percent on all funds ret ained by Plaintiff in excess of ( ) days. Plaintiffs pray for general relief. Respectfully submitted, _______________________________________ Attorney for Of Counsel: Telephone: MSB # Attorney for