CSX Transportation alleges recycling company misrepresented it was insolvent to avoid paying judgment

By Noddy A. Fernandez | Oct 18, 2018

BOSTON (Legal Newsline) – A rail transportation company alleges a Massachusetts company made fraudulent misrepresentations to avoid paying a judgment.

CSX Transportation Inc. filed a complaint on Oct. 5 in the U.S. District Court for the District of Massachusetts against Tri County Recycling Inc. alleging fraud.

According to the complaint, in 2011, the plaintiff provided transportation services for ABC&D Recycling in Massachusetts to transport construction and debris from the facility to landfills. The suit states ABC&D failed to pay the $344,878 in freight charges and the plaintiff filed suit, and the court granted the plaintiff a judgment of $427,530. The plaintiff alleges this judgment remains unsatisfied.

The plaintiff claims in May 2014, the defendant company was formed and ABC&D's assets were transferred to it.

The plaintiff holds Tri County Recycling Inc. responsible ABC&D allegedly fraudulently misrepresented to the plaintiff it was insolvent in order to avoid paying the judgment and is operating under the Tri County Recycling name.

The plaintiff requests a trial by jury and seeks judgment an amount no less than $427,530.36, together with costs, prejudgment interest, attorneys’ fees, and such other relief as the court may allow. It is represented by Brett R. Corson of Sloane & Walsh LLP in Boston.

U.S. District Court for the District of Massachusetts case number 1:18-cv-12095-DJC

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CSX Transportation U.S. District Court for the District of Massachusetts

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