April 06, 2007 10:45 AM

Plenty of actors have aspired to music careers – remember 30 Odd Foot of Grunts? – but Kevin Costner’s hasn’t yet taken off, and now he’s suing his promoter.

Costner, 52, filed a lawsuit Tuesday in Los Angeles Superior Court accusing Mahee Worldwide Ventures Inc. of breach of contract and fraud, the Associated Press reports. He is seeking more than $8.5 million in damages.

The Oscar winner is the singer and songwriter for the Kevin Costner Band, and has a company, Kevin’s Music LLC, that manages his musical activities.

According to the lawsuit, the company signed a two-year contract with Mahee Worldwide that would allow the Kevin Costner band to perform up to five concerts a year. Mahee also agreed to create a Web site for the band, court papers say.

But Costner claims Mahee didn’t hold up its end of the deal.

“Defendants made numerous promises regarding their capabilities to promote Mr. Costner’s music and (their) willingness to pay for the right to do so,” the lawsuit says. “Instead of following through on their promises, defendants continued to make false promises and ultimately disappeared.”

An e-mail from the AP to Mahee was not immediately returned Thursday. Costner’s Web site is currently “under construction” and makes no mention of his fledgling music career.

Costner tried his hand at singing in his movie The Postman, recording the duet “You Didn’t Have To Be So Nice” with Amy Grant for the closing credits. His six-piece band made its debut last year at a charity gig in South Carolina.

According to a press release, the group plays “original rock and popular music.”

Costner and his wife Christine, 33, a handbag designer, are expecting a baby later this year.

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