Union Pacific sues company for $153,000 in charges associated with moving railcars

LUFKIN - Union Pacific has filed a lawsuit against a Virginia company claiming that the company failed to pay approximately $153,000 in charges associated with moving railcars to its various facilities in Texas.

Claiming breach of contract, Union Pacific Railroad Co. filed suit against Alloy Polymers Inc. on Nov. 20 in the Eastern District of Texas, Lufkin Division.

Under a contract, Alloy Polymers requested that railcars be placed at the defendant’s facilities and be moved in and around Houston. Union Pacific moved the railcars, but from time to time, Alloy Polymers allegedly failed to take delivery of the railcars within the “free time.”

Union Pacific claims that the defendant is obligated to pay for various charges which include demurrage charges, switching charges, charges under the terms of the applicable contracts for carriage, tariffs, applicable rules and regulations and pursuant to the Interstate Commerce Act.

Despite demand from Union Pacific, Alloy Polymers has refused to pay for approximately $153,000 in charges, the suit alleges.

The plaintiff is asking for an award of $153,285 in damages, plus interest, costs and attorney’s fees.

Union Pacific is represented by David Lee Crawford of Phelps Dunbar in Houston and Kyle Wallor of Lamson, Dugan and Murray in Omaha, Neb.

A jury trial is requested.

Case No. 9:12-cv-00197