Five days after Cunningham Energy filed a lawsuit against its research company in West Virginia, the company filed a suit of its own against Cunningham in the Athens County Court of Common Pleas.
Cunningham Energy, a West Virginia-based oil and gas company, is being accused of unpaid dues by Hawkeye Research Inc., a research company hired by Cunningham Energy.
Hawkeye filed suit against Cunningham Feb. 3 because of alleged unpaid dues totaling $434,386.09. Hawkeye entered a contract with Cunningham in June 2011; the unpaid dues date to August 2011.
Hawkeye was hired by Cunningham to help with acquisition of mineral interest and leases in Gallia, Meigs, Washington and Athens County, Ohio, according to its contract with the company.
John E. Triplett, Hawkeye’s attorney, said these outstanding payments occurred in both Athens County and in West Virginia.
The research company filed suit against Cunningham only five days after Cunningham filed its own suit in Kanawha County, W.Va. for damages Hawkeye allegedly caused the company. Triplett said Cunningham also claimed it was over-billed and that Hawkeye has retained records that belong to Cunningham.
“We asked the court to declare whose property certain records are,” Triplett said.
Richard Neely, Cunningham’s attorney and former W. Va Chief Justice, has asked the Athens court to dismiss the case because the Kanawha case came first, said Athens attorney John Lavelle.
Lavelle has leased nearly 41,000 acres in Athens County to Cunningham.
“This lawsuit will have no effect on the leases of my clients,” Lavelle said.
Neely was not available for comment.
According to Cunningham’s contract with Hawkeye, there is no clause forcing the research company to turn over the records to Cunningham.
The complaint also states that there are no other creditors who assert a right to these files or other materials Cunningham has requested.
A court date has not yet been determined.
kg287609@ohiou.edu
