A company that gave office space to "Super Size Me" director Morgan Spurlock in return for a share in the company that made the hit film about eating fast food is suing him for $40 million.


NEW YORK (Reuters) -- A company that gave office space to "Super Size Me" director Morgan Spurlock in return for a share in the company that made the hit film about eating fast food is suing him for $40 million.

Attorney Bill Kelly said on May 18 that client Cast Iron Partners, which helps start-up companies with office space and business advice, took a 25% share in Spurlock's company in early 2002 and was suing for his failure to share profits.

"We bet on this long shot and it hit and they're basically trying to keep all the money," Kelly told Reuters.

Spurlock said that the Oscar-nominated film, in which he eats only McDonald's fast food for a month, had grossed around $30 million after playing in some 65 countries. But he said he had seen little of the money since so much went to pay for distribution and other costs.

"I personally haven't even made close to that. I haven't even made a million dollars," he told Reuters in an interview on May 16 while promoting a new book.

The suit, filed at the New York Supreme Court, accuses Spurlock of "engaging in self-interested and wasteful activities" and diverting assets into a new company.

Spurlock could not immediately be contacted for comment but his lawyer, speaking by telephone from the Film Festival in Cannes, France, called the suit baseless.

"I haven't had the opportunity to read it but as reported to me the claim is baseless and without merit," Spurlock's attorney John Sloss said. The suit was filed on May 16.

Kelly said his clients had repeatedly tried to discuss with Spurlock when they would be paid a dividend from the profits of the film, which was nominated for an Oscar this year after it won the Director's Award at the 2004 Sundance Film Festival.