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Date: 06-26-2008

Case Style: Viking Industries, Inc. v. Flinto, Inc. and Wal-Mart Stores, Inc.

Case Number: CJ-05-00325

Judge: Unknown

Court: District Court, Washington County, Oklahoma

Plaintiff's Attorney: Jim Elias, Bartlesville, Oklahoma

Defendant's Attorney: Mark Steele, Latham, Stall, Wagner & Steele, Tulsa, Oklahoma for Wal-Mart Stores, Inc. Jim Weager, Jones, Gotcher & Bogan, P.C., Tulsa, Oklahoma for Flintco.

Description: Viking Industries, Inc. sued Flintco, Inc. and Wal-Mart Stores, Inc. on breach of contract and fraud theories relating to the construction of a Wal-Mart distribution center just south of Bartlesville, Oklahoma. Plaintiff alleged that Flintco refused to pay for some of the materials, labor and equipment provided by Viking. It claimed that Wal-Mart failed to properly organize and mangement the construction of the 20.6-acre distribution center on Highway 75, resulting in a significant delay in the project. Wal-Mart refused to extend the completion date and demanded that the contractors, including Viking to accelerate the work. It also claimed that Wal-Mart agreed to pay it for increased construction costs but then refused to do so.

Wal-Mart claimed that Viking was fully paid for all work and materials.

Outcome: Plaintiff's verdict against Wal-Mart for $537,989.00 in compensatory damages and $500,000 in punitive damages. Plaintiff's verdict against Flintfo for $89,665.82

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None

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