CHARLESTON -- A Charleston-based advertising firm is suing the state over a $1 million-a-year Lottery Commission advertising and marketing contract the firm claims it has been wrongly denied.

The Lottery Commission was also named as a defendant in the suit.

Charles Ryan Associates claims it was alone among bidders in meeting the requirement to have two employees on call 24 hours a day, seven days a week, with a response time of 60 minutes or less, while Fahlgren, Inc. only listed one dedicated employee based in its Parkersburg office.

The advertising firm said it received a perfect score of 70 when it was evaluated by the purchasing division, according to a complaint filed March 16 in Kanawha Circuit Court.

Doe-Anderson of Louisville, Ky., and Fahlgren, headquartered in Columbus, Ohio, also received perfect scores of 70 as well. Fahlgren was awarded the contract.

Charles Ryan Associates is asking for the decision to be overturned and the contract awarded to them instead. They are also asking for a preliminary injunction to prevent Fahlgren from doing any further work under the contract.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 10-C-509

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