Things just keep getting worse for Duke Nukem developer 3D Realms. First they had to close up shop, and now they're being sued by their own publisher, Take-Two Interactive.

After holding the $12 million publishing rights to Duke Nukem Forever for nine years, and signing a new, unspecified contract in 2007, Take-Two has decided now is a great time to sue 3D --incorporated as Apogee Software Ltd. and not to be confused with Apogee Software LLC, which is working on the Duke Nukem Trilogy-- having taken them to court yesterday. 

“Apogee continually delayed the completion date for the Duke Nukem Forever,” Take-Two said in the complaint. “Apogee repeatedly assured Take-Two and the video-gaming community that it was diligently working toward competing development of the PC Version of the Duke Nukem Forever.”

Take-Two is also trying to prevent the revelation of any source code or assets related to the game, though to little success.