Free Other Notice - District Court of Arizona - Arizona

Merchant Transaction Systems, Inc. vs. Nelcela, Inc., et al. And related Cross and Third-Party Claims No. CIV-02-1954-PHX-MHM

EXHIBIT A (Brief Statement of the Case)

Case 2:02-cv-01954-MHM

Document 466-2

Filed 04/06/2007

Page 1 of 2

NELCELA'S PROPOSED BREIF STATEMENT OF THE CASE

This case involves competing claims of ownership of computer software that processes credit card transactions. More specifically, the claims involve ownership of both a Merchant System and an Authorization System. Nelcela, Inc. is one corporation that claims to own the software at issue. Lexcel, Inc. and Lexcel Solutions, Inc. are two separate corporate entities, each of which claims ownership of the computer software. They refer to themselves as "Lexcel" collectively.

Your role in this lawsuit will be to determine who is the owner of the various pieces of software discussed. Ultimately, your decision on ownership will be limited to ownership by Nelcela, Inc., Lexcel, Inc. or Lexcel Solutions, Inc.

Case 2:02-cv-01954-MHM

Document 466-2

Filed 04/06/2007

Page 2 of 2