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CLASS ACTION CASE
AGAINST |
A fraud cause of action requires: (1) a material misrepresentation, (2) that was either known to be false when made or was asserted without knowledge of its truth, (3) which was intended to be acted upon, (4) which was relied upon, and (5) which caused injury. Dow Chem. Co. v. Francis, 46 S.W.3d 237, 242 (Tex. 2001) (per curiam); Sutton, 65 S.W.3d at 285. A person who makes a misrepresentation is liable to the person or class of persons the maker intends or “has reason to expect” will act in reliance upon the misrepresentation. Ernst & Young, L.L.P. v. Pac. Mut. Life Ins. Co., 51 S.W.3d 573, 578 (Tex. 2001) (citing Restatement (Second) of Torts § 531 (1977)). Thus, although a misrepresentation need not be directly communicated by the speaker to the relying party, a misrepresentation must reach the relying party and influence his conduct. Id. at 580, 581 (citing Restatement (Second) of Torts § 531 cmt. d (1977)).
We the People, who reside within the Jurisdiction of the Fifth Circuit Court
of Appeals, identified as the States of Texas, Louisiana, and Mississippi,
established a contract with the United States of America, wherein we have been
promised the Protection of the Law. Daily we act upon this representation. The
entity known as the Fifth Circuit Court of Appeals (hereinafter the "5th")
asserts that it is acting on the authority granted by this Contract and
operating under the confines of this Contract with these peoples. The members of
the 5th have received compensation from us under the terms of the contract. The
5th, through a conspiracy among the members of this entity, has repeatedly
breached this contract while falsely asserting that these States are part of a
Nation under the Rule of Law. The 5th has made these false assertions with the
intention they be relied upon. The misrepresentation has been relied upon. It
has caused injury to all of these peoples in serving to set them up for
extortion and plunder from criminal elements and criminal acts by those
protected by the 5th's breach of their fiduciary duty and intentional fraud upon
us, the people. The injuries include higher taxes, loss of liberty, and loss of
security that has subjected us, the people, to a continual threat of extortion,
enslavement, and even loss of our life at the hands of the criminals
intentionally and knowingly protected by the 5th in breach of their fiduciary
duty, in support of continual theft from we the people. This has been done while
doing so with intentional false misrepresentation; with full knowledge the truth
of the assertion that we live in States established under the Rule of Law, that
are part of a Nation under the Rule of Law, has been made by them,
intentionally and knowingly, a false assertion.
