Robbie Hargett Nov. 12, 2015, 1:29pm


An electronic banking services company is suing a financial cooperative, alleging breach of contract.

Official Payments Corporation (OPAY) of Elkhorn, Neb., filed a lawsuit Nov. 6 in the Sherman Division of the Eastern District of Texas against Randolph-Brooks Federal Credit Union, alleging breach of contract.

According to the complaint, on May 17, 2012, the two parties entered into an agreement whereby Official Payments would provide electronic banking services and related deliverables to Randolph-Brooks.

Randolph-Brooks, however, failed to allow OPAY to install and implement the services, placing them on hold prior to the "go live date" as defined in the agreement, the suit says. OPAY notified Randolph-Brooks of its contract breaches July 29, 2015, and gave it 30 days to cure said breaches.

The suit alleges Randolph-Brooks failed, neglected or refused to cure the breaches within 30 days.

Official Payments seeks damages and other monetary relief, interests, attorney fees and costs of the suit. The plaintiff is represented by attorneys Allen F. Gardner of Potter Minton in Tyler and (pending pro hac vice) John M. Lingelbach and Patrice D. Ott of Koley Jessen in Omaha.

Sherman Division of the Eastern District of Texas case number 4:15-cv-00780-RC.

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