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Civil Procedure Keyed to Marcus
Clark v. Associates Commercial Corp.
Citation:
149 F.R.D. 629 (D. Kan. 1993)Facts
The plaintiff, Clark, owned a tractor-trailer unit that was subject to a security agreement with defendant Associates Commercial Corp. After an alleged default, Associates hired Bob Howard to repossess the collateral. Howard, without Associates’ knowledge, subcontracted with Clark Investigation & Recovery. Employees of Clark Investigation, including Randall Lett, conducted the actual repossession in Tennessee, allegedly through a breach of peace that resulted in physical injuries to the plaintiff, including a broken leg. Plaintiff sued Associates for conversion, wrongful repossession, tort of outrage, invasion of privacy, and breach of contract. Associates filed a third-party complaint against Howard, Clark Investigation, and Lett, seeking indemnification. The third-party defendants initially filed a motion for a more definite statement without raising personal jurisdiction objections, only later attempting to assert this defense in their answer and an amended motion.
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