Marine Fueling Service has filed a breach of contract complaint against R & R Marine Maintenance, alleging it failed to pay for barge shifting and barge rental services from March 25, 2006, until Sept. 28.

Represented by Michael K. Eaves of Calvert, Eaves, Clarke and Stelly in Beaumont, Marine Fueling claims it provided the services to Marine Maintenance, but R & R Marine Maintenance has failed to pay for them.

It provided the services and charged them to an open account, according to the complaint filed Nov. 7 in Jefferson County District Court.

R & R Marine Maintenance contacted, hired and accepted Marine Fueling's services, the suit states.

After it did not receive payments, Marine Fueling sent a list of invoices to R & R, but has still not received any payments, the company claims.

"Defendant has wholly failed and refused to pay Plaintiff the amount due of $112,911.80 for the services as agreed," the complaint filed Nov. 7 in Jefferson County District Court states.

Marine Fueling is seeking unspecified actual damages, benefit of bargain damages, loss of contractual profits, incidental damages, out-of-pocket expenses, attorneys' fees, prejudgment and post-judgment interest, lost profits, travel expenses and punitive or exemplary damages.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Case No. E182-683

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