News Briefs April 9, 2009

Statute of limitations runs out on lawsuit against electric utility
– JACKSON – Complainants in a lawsuit against Pontotoc Electric Power Association waited too long to sue, the Mississippi Court of Appeals ruled 8-0 Tuesday.
In a series of lawsuits and mistaken parties, the Circuit Judge Andrew Howorth in Calhoun County ruled in favor of Pontotoc Electric, which was accused of dumping oil and gas on Ervin Funderburg’s property.
The incident was alleged to have occurred in March 2002.
Ultimately, Funderburg and others sued a third time. Throughout this time, the other appellants were free to file their own claims or to join in a claim erroneously filed on behalf of a dissolved corporation, the court said.

Tacker denies guilt in alleged scheme at biodiesel facility
– ABERDEEN – William T. “Tommy” Tacker II pleaded not guilty Tuesday to a 10-count federal indictment he and another man defrauded the government in a Nettleton alternative energy business.
Through his attorney, Tacker filed the plea and waived appearance at an arraignment set for Thursday in U.S. District Court in Aberdeen.
His co-defendant, H. Max Speight, was ordered brought from a Tennessee prison to Oxford for an initial appearance April 16. He’s serving time for a guilty plea to stealing about $1 million from legal clients.
Tacker was president and Speight corporate secretary for bankrupt Biodiesel of Mississippi Inc.
They were indicted March 31 on charges they filed nearly $3 million in false claims in a U.S. Department of Agriculture program to expand use of biofuels.
In the indictment, Tacker is listed from Pontotoc but in earlier bankruptcy proceedings he reported receiving mail at an Aberdeen post office box.

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