B-132017, AUG. 23, 1962

B-132017, AUG. 23, 1962

TO DIXIE OHIO EXPRESS, INC.:

REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 1, 1962, REPLYING TO OURS OF JULY 20, 1962, AND REQUESTING FURTHER CONSIDERATION OF OUR DECISION DATED SEPTEMBER 11, 1957, B-132017, AND RECONSIDERATION DATED NOVEMBER 27, 1958, AND JULY 20, 1962, RELATIVE TO THE SETTLEMENTS WHICH DISALLOWED THE CARRIER'S CLAIMS FOR ADDITIONAL FREIGHT CHARGES ON SHIPMENTS OF GOVERNMENT PROPERTY THAT MOVED FROM DETROIT, MICHIGAN, TO MARIETTA, GEORGIA.

AS WE POINTED OUT IN OUR LETTER OF JULY 20, 1962, THE MERIT OF THE CLAIM PRESENTED IS, AT BEST, DOUBTFUL IN LIGHT OF THE CONFLICT OF OPINION AS TO THE IDENTITY OF THE COMMODITY SHIPPED. IN SUCH SITUATIONS WE MUST ADHERE TO THE CONCLUSIONS AND RECOMMENDATIONS OF THE ADMINISTRATIVE OFFICE CONCERNED UNLESS AND UNTIL THE CLAIMANT PRESENTS CLEAR AND CONVINCING PROOF TO THE CONTRARY. YOUR LETTER OF AUGUST 1, 1962, HAS PRESENTED NO PROBATIVE EVIDENCE TO FURTHER ESTABLISH THE MERIT OF YOUR CLAIM AND IN LIGHT OF THIS FACT WE MUST CONTINUE TO APPLY THE ADMINISTRATIVE RECOMMENDATION. WE POINT OUT IN THIS CONNECTION, THAT THE CASE COVERED BY OUR DECISION B-137624, MAY 18, 1960, WAS ULTIMATELY SETTLED ON THE BASIS OF THE ADMINISTRATIVE CONCURRENCE OF THE CARRIER'S DESCRIPTION OF THE ARTICLES SHIPPED. IN THIS CASE THE SEVERAL CONFLICTS IN VIEWS PRECLUDE SUCH AN ADMINISTRATIVE CONCURRENCE.

ACCORDINGLY, WE AGAIN ACCEPT AS FINAL THE ADMINISTRATIVE DETERMINATION THAT THE PROPERTY CONSIDERED WAS RATEABLE AS ALUMINUM ARTICLES RATHER THAN AIRPLANE PARTS AS YOU CONTEND, AND ON THIS BASIS WE AFFIRM THE CONCLUSION REACHED IN OUR DECISION OF SEPTEMBER 11, 1957, AND RECONSIDERATIONS DATED NOVEMBER 26, 1958, AND JULY 20, 1962, SUSTAINING THE DISALLOWANCE OF THE CARRIER'S CLAIM.