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to the property, so it should be granted “damages in the amount of the fair market value of the improvements belonging to it and/or for which it paid.” Improvements on the Huntly property are worth at least $1.2 million, according to the suit. Count 3 asks for $1.5 million in compensatory damages, plus punitive and treble damages.
4. “Trade name and service mark infringement and unfair competition.” By adopting the name Wakefield Country Day School and getting State Corporation Commission approval, according to the suit, Wakefield CDS “has infringed Wakefield School’s trade name and/or service mark with the intent to deceive the public into believing that the school operated by (Wakefield CDS) is the same as . . . Wakefield School.”
Count 4 asks for an injunction against Wakefield CDS to keep it from using the name Wakefield, an injunction to prevent Wakefield CDS from making any fundraising mailings to names on an old Wakefield mailing list, an injunction to prevent “unfair competition,” an accounting of all Wakefield CDS fundraising and $1.5 million in compensatory damages, plus punitive and treble damages.
5. “Constructive trust and wrongful conversion.” This count asks for the proceeds of six life-insurance policies covering William Lynn Jr., policies that WakefieldMarshall claims were paid for out of school funds. Count 5 also asserts that “Wakefield School is entitled to money damages for the value of the leasehold rights and/or improvements to the (Huntly] site.”
Count 5 asks for $1.5 million in compensatory damages, plus punitive and treble damages. It also requests the proceeds of the six lifeinsurance policies or the amount it says was paid in premiums.
6. “Breach of fiduciary duties of directors and officers.” Wakefield School outlines 30 specific actions it claims that William, Pamela or Clydetta Lynn did to support its claim. Count 6 requests unspecified compensatory damages, costs, attorneys’ fees and interest.
7. “Conversion: personal property.” Among items it claims belongs to it that are still at WakefieldHuntly, Wakefield-Marshall lists: cards for the card catalog, playground equipment, and items on a Dec. 6, 1991, order signed by Judge Thomas Horne, who is hearing the case.
Count 7 requests the return of the cards and compensation for bleachers, playground equipment, and other property, as well as unspecified punitive damages.
8. “Negligent mismanagement." “The negligent mismanagement of Wakefield School by the Lynns was the direct proximate cause of the school’s financial difficulties and the subsequent eviction of the school from the Huntly premises,” according to the suit. Count 8 requests $1.5
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