LAFAYETTE – An Avoyelles Parish company is accused of wrongfully withholding funds that were allegedly sent to it as a result of a clerical error.
Martin Marietta Materials Southwest LLC filed a complaint on April 7 in the U.S. District Court for the Western District of Louisiana against 3-B Trucking LLC alleging unjust enrichment.
According to the complaint, the plaintiff alleges that on April 2016, plaintiff unintentionally issued two checks to defendant totaling $113,237.31. The plaintiff holds 3-B Trucking LLC responsible because despite demand for the return of the funds, the defendant allegedly ignored plaintiff's request to return the said amount it wrongfully deposited to defendant's bank account and wrongfully and illegitimately retained possession of the said funds.
The plaintiff seeks judgment recognizing its ownership of the assets of $113,237.31, plus interest, attorneys’ fees and costs and all other relief that plaintiff is entitled to receive in law or in equity. It is represented by Kelsey Kornick Funes and Amanda W. Messa of Phelps Dunbar LLP in Baton Rouge.
U.S. District Court for the Western District of Louisiana Case number 1:17-cv-00505