Alabama box coater wins verdict against IP
Pulp & Paper, Mar 2005
LITIGATION
A former Birmingham, Ala., box company won an $8.9 million judgment in a lawsuit against International Paper Co., according to the attorneys for the plaintiffs, Madison-Oslin.
A jury decided that although IP did not commit fraud, the company did not live up to its agreement to send Madison-Oslin 75 million ft^sup 2^ of linerboard per month for coating, according to an attorney of the Burr & Forman law firm who represented the plaintiff. The agreement was worth $8.5 million over a period of 19 months beginning in January 2002.
Instead, IP allegedly sent about 1% of the 75 million ft^sup 2^ of linerboard to Madison-Oslin, and the Birmingham firm earned about $85,000, he said. By 2003, Madison-Oslin shut down its business and filed a lawsuit in March 2003.
The agreement between Madison-Oslin and IP restricted Madison-Oslin from using the patented coating process for anyone else but IP, the attorney said. IP "wanted to be the only ones with this specially coated linerboard," which was turned into red meat and poultry boxes at IP's box plants. Madison-Oslin "gave the lowest price for the volume" to IP through this exclusivity agreement, counsel added.
Madison-Oslin got the special coating from EvCo Research LLC of Atlanta, which produced the water-repellent material from recycled, plastic soft drink bottles. Unlike conventional, paraffin wax coatings, this material is recyclable.
It is the goal of the owners of Madison-Oslin to reopen the facility, but "they need to figure out if they can get into a business relationship with other companies," the attorney said. The partners currently own two installed coating machines that can together coat about 150 million ft- of linerboard.
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