TYLER — An Ontario bottled water producer is suing a water bottling company and trustee, alleging fraudulent inducement and statutory fraud.

Ice River Springs USA Inc. and its holding company, 1359629 Ontario Inc., filed a lawsuit Sept. 7 in the Tyler Division of the Eastern District of Texas against Mountain Pure TX LLC of Damascus, Arkansas, John Stacks and First Community Bank of Batesville, Arkansas, alleging the defendants made multiple false representations of material fact.

According to the complaint, on July 24, 2015, Ice River Springs and 1359629 Ontario executed a lease and purchase agreement with Mountain Pure to lease a bottling plant that turned out to be substantially worthless, causing the plaintiffs to incur substantial financial damages. 

The plaintiffs allege the defendants fraudulently and wrongfully conveyed assets subject to the Simmons Bank’s liens and security interests and fraudulently concealed the debts and liens associated with those assets.

The plaintiffs seek trial by jury, rescission of the lease and purchase agreement, return of all sums paid under the LPA, exemplary damages, attorney fees, expert witness fees, court costs and all other relief the court deems just. They are represented by attorneys Claire Abernathy Henry and Brett F. Miller of Ward, Smith & Hill PLLC in Longview, and by Kevin B. Getzendanner and Andrew C. Stevens of Arnall Golden Gregory LLP in Atlanta.

Tyler Division of the Eastern District of Texas Case number 6:16-cv-01147

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Tyler Division of the Eastern District of Texas




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