WEST VIRGINIA RECORD

May 12
Diversified Enterprises Inc. vs. Dallas H. Fellure and Zion Inc.
PA-Robert Dunlap; J-Eagloski
* Originally filed last July in Raleigh County, Diversified says Fellure and his company Zion was a subcontractor on three water system jobs. But Diversified, owned by Powerball winner Jack Whittaker, says Zion didn't fulfill its obligations on the projects and left Diversified responsible for monies on each of the projects. Zion and Fellure both said they would repay, but have failed to do so. Diversified seeks $1.15 million in damages as well as court costs and interests.
Case number: 08-C-157

June 9
Tyler Mountain Water Company Inc vs. Sunburst Foods Inc., Plastic Container Corp. and James M. Bryant
PA-John A. Rollins and Spencer D. Elliott; J-Spaulding
* Tyler Mountain says it manufactured specially designed water bottles for the defendants. In December, it shipped and invoiced for $7,794.86. Bryant has acknowledged receiving the bottles, but the defendants have refused to pay. Tyler Mountain also has additional bottles requested by Bryant. Tyler Mountain claims the defendants breached their contract, have been unjustly enriched and committed fraud. Tyler Mountain also seeks damages for storing the unshipped bottles at a rate of $200 per month. Tyler Mountain seeks $9,194.86 in damages jointly and severally, pre- and post-judgment interest, fees and expenses and punitive damages for fraudulent misrepresentation.
Case number: 08-C-183