Port Arthur store sued over ATM contract

Kelly Holleran Nov. 28, 2011, 11:52am

Citywide Bank claims a Port Arthur store reneged on a contract in which it promised to allow only Citywide Bank's ATM on its premises.

Dixie Farm Texaco, doing business as Citywide ATM, filed a lawsuit Nov. 16 in Jefferson County District Court against Sindhu C-Store and Awan Enterprises.

In its complaint, Citywide alleges Awan entered into a contract with it in October 2006. In the contract, Awan promised to allow Citywide exclusive placement of its ATM on Awan's Food Market premises located at 4149 32nd St. in Port Arhtur. The contract was supposed to continue for 60 months, according to the complaint.

Sindhu C-Store agreed to maintain the contract when it took over possession of the premises in 2008, but failed to abide by it, the suit states.

"Defendants breached this ATM agreement by disabling the ATM machine and/or allowing a competitor's ATM machine on the premises," the complaint says.

Citywide alleges breach of contract against the defendants.

In its complaint, Citywide seeks a judgment for damages within the jurisdictional limits of Jefferson County District Court, plus costs, attorney's fees, pre- and post-judgment interest and other relief the court deems just.

Ed Wallison of Rathwell, De Ford and Wallison in The Woodlands will be representing it.

Judge Gary Sanderson, 60th District Court, has been assigned to the case.

Case No. B191-353

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