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Message: Re: From Document 78 Filed 04/27/2007
SIXTH COUNTERCLAIM
(Tortious Interference with Contractual and Expected Business Relations)

56. e.Digital incorporates by reference the allegations in the preceding paragraphs of this Counterclaim.

57. e.Digital has entered into a number of contracts with third parties, and expects to enter into contracts with other third parties. digEcor knows of the existence of these present and expected contractual relations.

58. By improper means and/or for improper purposes, digEcor has interfered with e.Digital’s existing and expected contractual relations.

59. Specifically, digEcor has contacted e.Digital’s customers business associates and made misrepresentations to them regarding e.Digital’s ability to serve its customers, its stability as a business, and the rulings of this Court.

60. As a result of these misrepresentations, some of e.Digital’s customers and business associates have refused to deal with e.Digital, or expressed doubt about their future relations with e.Digital, or sought to be released from their obligations with e.Digital.

61. As a direct and proximate result of digEcor’s conduct, e.Digital has been damaged in an amount to be proven at trial.


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