ATM company sues Bourbon Street music club
A suit filed in Orleans Parish District Court alleges that a music club on Bourbon Street violated a contractual agreement with ATM's of the South Inc. by replacing the company's ATM machine.
Filed by Covington attorney Michael Sistrunk on April 14, the suit states that the Fat Catz Music Club located on New Orleans' popular Bourbon Street "entered into a Placement Agreement with ATM's of the South Inc., wherein Fat Catz granted ATMs of the South Inc. an exclusive right and irrevocable license to place and operate its ATM equipment on the Fat Catz premises" in September of 2003.
The suit alleges that on March 23 the president of Fat Catz, Jude Marullo, contacted ATMs of the South Inc. and demanded that the ATM machine be removed from the premises in violation of the placement agreement.
After ATMs of the South refused to remove their machine, Marullo then asked the company to "temporarily" remove the machine so that Fat Catz could complete a floor re-surfacing. Then, according to the suit, Fat Catz entered into an agreement with another ATM company for the placement of an ATM.
ATMs of the South Inc. pleads that Orleans Parish Court find Fat Catz Music Club Inc. liable for breach of contract and any and all loss of earnings incurred by ATMs of the South Inc. as a result of the removal of their machine.
Orleans Parish Case 2010-03613