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LOUISIANA RECORD

Wednesday, April 24, 2024

Kearney Cos. accuses MB Industries of breaching contract

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NEW ORLEANS – A New Orleans firm is suing MB Industries in a dispute involving payment for a cargo shipment.

The Kearney Cos. Inc. filed a lawsuit Jan. 11 in U.S. District Court for the Eastern District of Louisiana against MB Industries Inc. (MBI), alleging breach of contract.

According to the complaint, in November, MBI hired Kearney to transport, handle and store 2,854.6 metric tons of steel channels and 4,651.4 metric tons of steel angles from Associated Terminals in Chalmette to Kearney’s warehouse in New Orleans. The suit claims Kearney has only been able to move a partial shipment because Associated Terminals has suspended MBI-related shipments as of Dec. 17.

The plaintiff says MBI agreed to pay $215 per truck for drayage charges, $4.50 per short ton for receipt charges and $2.50 per ton for monthly storage fees. As of the suit’s filing, no payments have been received, Kearney claims.

The Kearney Cos. seek damages including all amounts owed under the original contract, interest and litigation costs. It is represented by attorneys Edward T. Hayes and Adam D. Whitworth of Leake & Andersson LLP in New Orleans.

U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-00273

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