A lawsuit over chicken fat has slipped into federal court.
Kow Commodities Inc. of Fayetteville said it delivered poultry fat and other products to Ethos Holdings LLC of Southlake, Texas, but was stiffed on the bill, according to a lawsuit that is now in U.S. District Court in Fayetteville.
The amount allegedly owed is $1.28 million.
Kow also has named Ethos Alternative Energy LLC and Me Bio Energy LLC as defendants in its breach of contract case.
Kow alleged in the lawsuit that starting in October, it provided Ethos with the product. But when it sent the bill, Ethos refused to pay, according to the lawsuit.
Ethos denied the allegations in its court filing and asked that the case be dismissed.
“They’re alleging all these defendants made an agreement to make payment, and we don’t believe that to be the case,” said Ethos’ attorney, Rick Woods of Fayetteville.
He said “it would shock me” if they had a contract for the service.
But he agreed that chicken fat was being moved from one place to the other.
“The question is who was it going to and who agreed to pay for it?” Woods said.
A jury trial is set for May 16 in Fayetteville front of U.S. District Court Judge P.K. Holmes III.
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