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Published on 4/17/2008 in the Prospect News Distressed Debt Daily.

Powermate sues Lowe's for $4.29 million in unpaid goods

By Caroline Salls

Pittsburgh, April 17 - Powermate Corp. filed a complaint against Lowe's Cos. Inc. to recover $4.29 million allegedly owed to Powermate under a series of resale contracts, according to a Thursday filing with the U.S. Bankruptcy Court for the District of Delaware.

Powermate said in the motion that it entered into a series of contracts with Lowe's under which the company sold goods to the retailer for resale in its stores.

According to the motion, Lowe's has not paid for $4.29 million of the products it was billed for under the Powermate resale contracts, despite repeated demands for payment.

Powermate is also asking the court to order Lowe's to pay interest, attorney's fees and other costs.

Powermate, an Aurora, Ill.-based manufacturer of portable and standby electric generators, air compressors, air tools, pressure washers and accessories, filed for bankruptcy on March 17. Its Chapter 11 case number is 08-10498.


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