DEFENDANT, MIKE SMITEI’S APPLICATION FOR LEAVE TO FILE THIRD PARTY ACTION AND COUNTER-CLAIM

On November 16, 2001 an injunction case was filed by Educated Systems & Solutions Inc, Education Systems & Solutions Inc, Microcheck Solutions Inc, Microcheck Systems Inc, and Smith, Mike, represented by Hubbard, Patrick G., and Petersen, David Paul, against Campbell, Alex, Cms Technologies, Cms Technology et al. represented by Perry, James Reid Ii, Petersen, David Paul, and Stilwell, Richard T., in the jurisdiction of Harris County. Judge KYLE CARTER presiding.

                        
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Cause No. 2004-5979 MICROCHECK SYSTEMS, INC. IN THE DISTRICT COURT OF AND EDUCATED SYSTEMS & SOLUTIONS, INC. Plaintiffs EDUCATED SOLUTIONS, FROST BANK, TEXAS, . CHRIS ZIGROSSI, SCOTT MURPHY, MIKE SMITH, JIM HAYDEN, ALEX CAMPBELL, and JASON JABLECKI, ; Vs. | ZIGROSSI & MURPHY, L.L.C. | HARRIS COUNTY, TEXAS : § Defendants ' § 125™ JUDICIAL DISTRICT DEFENDANT, MIKE SMITH’S APPLICATION FOR LEAVE TO FILE THIRD PARTY ACTION AND COUNTER-CLAIM TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES, MIKE SMITH, (hereinafter referred to as “Smith”) one of the Defendants in the referenced and titled cause, and files this his Motion for Application for Leave to file a Third Party Action against John Manning, as well as a Counter-Claim against Plaintiff, Microcheck Systems, Inc., and for such would respectfully show unto the Court the following: Plaintiff would show that this lawsuit was filed on October 25, 2004, and Mike Smith was named as a Defendant. The docket control order i…

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