BECKLEY — A Pennsylvania widow is suing her husband's company and partner, alleging misappropriation of funds.
Colleen Miller of Walnutport, Pennsylvania, filed a complaint on Feb. 21, in the Raleigh Circuit Court against
Mountaineer Trout Farm LLC and Seaborn Thompson,
alleging that they violated the West Virginia Uniform Limited Liability Act.
According to the complaint, in the years following her husband's death in 2008, and as the current holder of her husband's distributional interest, Miller paid taxes of her share without receiving any distribution of profits from the defendants.
The plaintiff alleges Thompson breached his duty to give her a share in equal amount upon making the distribution to himself and also made personal use of expenses from the company's account.
Miller seeks trial by jury, a temporary restraining order prohibiting Thompson from spending company funds for his personal use, an order the court will supervise the dissolution and winding up of the company, damages and all other legal and equitable relief. She is represented by attorneys Michael W. Carey and David R. Poque of Carey, Scott, Douglas & Kessler PLLC in Charleston.
Raleigh Circuit Court Case number 17-c-99