State sues Hurricane company for failing to file payroll reports

CHARLESTON -- The State of West Virginia is suing a Hurricane business for failing to timely file its gross payroll required by State Code on at least 29 occasions.

Russell L. Fry, Acting Executive Director of Workforce West Virginia's Unemployment Compensation Division, claims Lou Hutch Rails knowingly and intentionally disregarded its obligations to the Unemployment Compensation Division and the State, according to a complaint filed Nov. 30 in Kanawha Circuit Court.

Fry claims that since July 1, 1997, Lou Hutch Rails had failed to timely file gross payroll reports. As of Sept. 22, 2009, the company owes a total of $12,092.58 for unemployment compensation taxes, penalties and accrued interest.

The State is seeking a preliminary injunction enjoining the defendant from continuing to carry on business, from obtaining a license or permit to do business in West Virginia and a permanent injunction prohibiting the company from carrying on business. Mary Blaine McLaughlin and Fry are representing the State.

Kanawha Circuit Court case number: 09-C-2208

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