CA, Inc.'s Answer and Counterclaim - Reed Smith

From the state tax library of Reed Smith LLPwww.reedsmith.com/DEtaxfor other related documents, please email ksollie@reedsmith.com4. Declare 29 Del. C. § 10161 and Title 12, Chapter 11 of the Delaware Codeunconstitutional under the United State Constitution and Sections 7through 9 of Article I of the Constitution of the State insofar as thosestatutes allow the State to assert rights that are greater than the rights ofthe purported Owners of the abandoned and unclaimed property.5. Declare the amount owed to the State pursuant to the VDA;6. Temporarily and/or permanently enjoin the State from conducting afurther audit of CA relative to unclaimed property reported under portionsof the Delaware Escheat Laws, Subchapters, 12 Del. C. §§ 1130-1176,1197-1212;7. Permanently enjoin the State from conducting a further audit of CA for aperiod greater than that stated in the VDA relative to unclaimed propertyreported to the State pursuant to said VDA;8. Temporarily and/or permanently enjoin the State from enforcing 29Del. C. § 10161 and Title 12, Chapter 11 of the Delaware Code to depriveCA of property without due process of law;9. Award CA its attorneys’ fees and costs in having to prosecute this matter;and10. Grant CA such other and further relief as the Court deems just and proper.OF COUNSEL:Joshua KrumholzJennifer BordenBrett D. CarrollHOLLAND & KNIGHT LLP10 St. James AvenueBoston, MA 02116(617) 523-2700Dated: April 16, 2009/s/ M. Duncan GrantM. Duncan Grant (Del. Bar No. 2994)Matthew A. Kaplan (Del. Bar No. 4956)PEPPER HAMILTON LLP1313 North Market Street, Suite 5100Wilmington, DE 19899-1709(302) 777-6500Attorneys for CA, Inc. and PlatinumTechnology International, Inc.- 86 –