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Pennsylvania company alleges it wasn't paid in full for materials used at Mitchell Power Plant project

WEST VIRGINIA RECORD

Tuesday, November 26, 2024

Pennsylvania company alleges it wasn't paid in full for materials used at Mitchell Power Plant project

Lawsuits
Contract 05

MOUNDSVILLE – A Pennsylvania fence company alleges it is owed more than $65,000 for materials used for a project at Mitchell Power Plant.

Sharon Fence Co. filed a complaint in Marshall Circuit Court against Appalachian Power Co.; Wheeling Power Co., doing business as AEP Ohio; the estate of Michael S. Babcock, doing business as Babcock Fence Co., et al. alleging unjust enrichment and breach of contract.

The suit states AEP entered into a contract with Babcock to repair, erect, construct or improve fencing at the Mitchell Power Plant in Marshall County, and Babcock entered into a contract with the plaintiff for materials, equipment and supplies.

The plaintiff alleges the total price of the materials provided to Babcock was $100,508.04 and it received a partial payment of $35,000 in May 2018 from Babcock. It alleges it has not received further payment from AEP or Babcock.

The plaintiff is seeking $65,508.04, attorney fees and court costs. The plaintiff is represented by Holly S. Planinsic and Chad J. Shepherd of Herndon, Morton, Herndon & Yaeger in Wheeling.

The case has been assigned to Judge David W. Hummel Jr.

Marshall Circuit Court case number 19-C-37

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