The Penn Record Jun. 15, 2016, 5:06pm


HARRISBURG — An interstate rail carrier is suing Rail Car Investors II LP, a railcar owner, citing alleged breach of contract and unjust enrichment.

CSX Transportation Inc. filed a complaint on May 19 in the U.S. District Court for the Middle District of Pennsylvania against Rail Car Investors II LP, alleging that the railcar owner failed to comply with the terms and conditions set forth in the Association of American Railroads Rules.

According to the complaint, the plaintiff alleges that, between August 2008 and January 2016, it conducted over 300 repairs of defendant's railcars, resulting in $118,611.23 of unpaid repair charges. The plaintiff holds Rail Car Investors II LP responsible because the defendant allegedly breached its duties and obligations under the AAR Rules by failing to pay the repair charges incurred by plaintiff for repairing defendant's railcars.

The plaintiff requests a trial by jury and seeks a judgment against the defendant in the principal amount of $118,611.23, plus interest, costs, attorney's fees and such other relief as the court deems just and proper. It is represented by Timothy L. Frey of Keenan Cohen & Merrick PC in Jenkintown.

U.S. District Court for the Middle District of Pennsylvania Case number 1:16-cv-00928

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U.S. District Court for the Middle District of Pennsylvania Harrisburg Division
228 Walnut Street
Harrisburg, PA 17101

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