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WEST VIRGINIA RECORD

Saturday, April 20, 2024

Potato chip battle goes to federal court

PARKERSBURG – An agreement between two popular potato chip manufacturers turned into a battle over money as one of the manufacturers says it has failed to receive more than $600,000 for goods it shipped.

Utz Quality Foods filed a lawsuit Nov. 9 in U.S. District Court for the Southern District of West Virginia against Mister Bee Potato Chip Company.

On Nov. 16, 2007, Utz and Mr. Bee entered into an agreement in which Mr. Bee agreed to distribute Utz's products in certain sections of West Virginia and Ohio, Utz claims.

Under the agreement, Mr. Bee promised to pay for the products delivered to it for distribution, according to the complaint. However, it has failed to do so, the suit states.

"Mr. Bee is indebted to Utz in the amount of $677,623.02 for products delivered to it under the Agreement and pursuant to the Invoices," the complaint says.

In its complaint, Utz alleges breach of contract and unjust enrichment against Mr. Bee.

In addition to the money it says Mr. Bee owes it, Utz seeks pre- and post-judgment interest, costs, attorneys' fees and other relief the court deems just.

Suzanne Jett Trowbridge and Victoria L. Wilson of Goodwin and Goodwin in Charleston will be representing it. Jennifer F. Beltrami and Jill L. Mandell of Cozen O'Connor in New York will serve of counsel.

U.S. District Court case number: 6:10-cv-1289

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