AT&T seeks $329k from APCI in breach suit

Kelly Holleran Feb. 18, 2009, 3:00am

AT&T Illinois is seeking more than $300,000 from APCI, a company that AT&T alleges failed to pay money due for Internet service AT&T provided.

APCI ordered telecommunication, Internet and DSL services from AT&T, which AT&T provided in compliance with a contract, according to the complaint filed Feb. 13 in St. Clair County Circuit Court.

However, APCI failed and refused to pay all the money due to AT&T, the suit states.

"During the terms of Service, Defendants failed to pay all amounts due under the Contracts, including, but not limited to amounts due for the Services and other charges which exceed $329,740.81," the suit states.

APCI's failure to pay the balance due is a breach of contract, AT&T claims.

The company has been unjustly enriched by failing to pay AT&T for services it provided, according to the complaint.

In addition to the money it is due, AT&T is seeking termination or shortfall charges, interest at the legal rate on each month's charge, attorney's fees, costs and other relief to which it is entitled.

Stephanie D. Loughner of Franke, Greenhouse, List and Lippitt in Denver and Robert G. Wuller Jr. of Belleville will be representing AT&T.

St. Clair County Circuit Court case number: 09-L-0080.

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