CHARLESTON - Alum Creek Pharmacy is suing Lincoln County Primary Care Center after it claims it violated state code and has caused Alum to lose business.

Alum is a corporation that was duly organized and existing under West Virginia laws since Jan. 23 and its business purpose includes health and personal care, according to a complaint filed March 13 in Kanawha Circuit Court.

On Feb. 4, Lincoln added a "doing business as" name as a trade name with the West Virginia Secretary of State's Office, which violated West Virginia code, as Alum had already taken its name "or any deviation thereof" with the Secretary of State's Office.

Alum claims adding the doing business as name "Alum Creek Pharmacy at Sand Plant" has caused Alum lost business, customers and income.

Lincoln has been answering the phone as Alum Creek Pharmacy and holding itself out to the public as Alum, according to the suit.

Alum claims Lincoln's actions were done with the sole purpose of interfering with its business relationships and its customers.

Lincoln's actions were done intentionally, recklessly, willfully, wantonly, maliciously and in disregard for Alum's legal rights, according to the suit.

Alum is seeking compensatory and punitive damages with pre- and post-judgment interest. It is being represented by Samuel F. Hanna of Hanna Law Office.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 13-C-490

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