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| APU > SEC Filings for APU > Form 8-K on 9-Jun-2009 | All Recent SEC Filings |
9-Jun-2009
Other Events
AmeriGas Propane, Inc., the general partner of AmeriGas Partners, L.P. (the "Registrant"), has been named as a defendant in two consumer class action complaints filed respectively on May 27, 2009 (the "California Complaint") and June 4, 2009 (the "Federal Complaint") challenging the Registrant's price disclosure with regard to its portable propane grill cylinders.
The California Complaint was filed in the Superior Court of the State of California and also names Blue Rhino Corporation, an unaffiliated entity, as a defendant. This complaint purports to be brought on behalf of a class of all AmeriGas and Blue Rhino consumers in the state of California during the four years prior to the California Complaint, who exchanged an empty cylinder and were provided with what is alleged to be only a partially-filled cylinder. The California plaintiffs seek restitution, injunctive relief, interest, costs, attorneys fees and other appropriate relief.
The Federal Complaint was filed in federal district court in San Francisco and, in addition to AmeriGas Propane, Inc., names the Registrant and Ferrellgas Partners, L.P., as defendants. This complaint purports to be brought on behalf of a nationwide class defined as "[a]ll purchasers of liquefied propane gas cylinders marketed or sold by AmeriGas and Blue Rhino nationwide from January 1, 2008 to the present." The Federal Complaint claims that defendants' conduct constituted an unfair and deceptive practice that proximately injured consumers and violated the consumer protection statutes of thirty-seven states and the District of Columbia, thereby entitling the class to damages, restitution, disgorgement, injunctive relief, costs and attorneys fees. The Federal Complaint also alleges that defendants were unjustly enriched by their conduct and seeks restitution of any unjust benefits received. In addition, these plaintiffs are seeking punitive or treble damages, and pre-judgment and post-judgment interest.
The Registrant is investigating these claims and intends to vigorously defend the lawsuits. Any judgment or settlement of the claims could have a material adverse impact on the Registrant's results of operations.
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