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Thursday, January 05, 2006

Blacksburg firm sues fish supply firm in Fla.

Tetra said it delivered products to a freight- forwarding company for shipment to Brazil.

A Blacksburg company claims it delivered more than $200,000 in aquarium and fish supply products to a Florida-based corporation but was never paid, according to a federal lawsuit filed in Roanoke.

Tetra Holding Inc. of Blacksburg is suing Gulfstream Tropical Aquarium Inc. of Dania, Fla., for $200,942.72, the full amount Tetra claims it is owed for the products.

Tetra's Blacksburg location is a warehousing and distribution center where equipment research and development also takes place. The company specializes in fish foods, aquariums and pond supplies.

Tetra claims that Gulfstream Tropical Aquarium, a pet dealer and supplier, ordered fish and marine supply products from Tetra in four installments. Each time, the lawsuit claims, Gulfstream asked Tetra to deliver the products to a freight-forwarding company in the United States for shipment to Brazil.

According to the lawsuit, filed Tuesday, Gulfstream ordered thousands of dollars in supplies each month between September and December 2004, and Tetra delivered them to the freight-forwarding company in a timely fashion.

The lawsuit states that Gulfstream's president and chief executive officer, Laizer Kon, who is also named as a defendant, negotiated each purchase on behalf of Gulfstream and indicated that the company had the money to pay Tetra.

But Tetra claims in the lawsuit that Gulfstream and Kon later claimed that a separate company, also owned by Kon, was the purchaser.

Kon declined to comment on the case Wednesday, as did attorney James Cowan, who is representing Tetra.

In addition to the value of the supplies, Tetra is seeking attorney fees and punitive damages.

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