B-143048, NOV. 2, 1961
Highlights
YOU URGE THAT WE SHOULD NOT AUTHORIZE ALLOWANCE OF YOUR CLIENT'S CLAIM SINCE THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT HAS SUSTAINED A DISTRICT COURT DECISION IN WHICH A SIMILAR "MISROUTE" ISSUE WAS RESOLVED IN FAVOR OF THE DEFENDANT CARRIER. AS WE PREVIOUSLY POINTED OUT TO YOU THE "MISROUTE" ISSUE IS ALSO PRESENT IN RISS AND CO. WHICH IS STILL PENDING. WE NOW NOTE THAT A PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT WAS FILED IN THE SUPREME COURT IN THE HEWITT-ROBINS CASE ON OCTOBER 11.
B-143048, NOV. 2, 1961
TO WATKINS AND REA:
YOUR LETTER OF SEPTEMBER 14, 1961, RELATES TO THE SETTLEMENT IN CLAIM TK- 689747 WHICH DISALLOWED THE CLAIM OF COOPER-JARRETT, INC., ARISING FROM TWO MISROUTED SHIPMENTS ON BILLS OF LADING NOS. AF 5072627 AND AF- 5072670. YOU URGE THAT WE SHOULD NOT AUTHORIZE ALLOWANCE OF YOUR CLIENT'S CLAIM SINCE THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT HAS SUSTAINED A DISTRICT COURT DECISION IN WHICH A SIMILAR "MISROUTE" ISSUE WAS RESOLVED IN FAVOR OF THE DEFENDANT CARRIER. HEWITT-ROBINS, INC. V. EASTERN FREIGHT-WAYS, INC.,293 F.2D 205 (1961).
AS WE PREVIOUSLY POINTED OUT TO YOU THE "MISROUTE" ISSUE IS ALSO PRESENT IN RISS AND CO. V. UNITED STATES, COURT OF CLAIMS NO. 326-59, WHICH IS STILL PENDING. WE NOW NOTE THAT A PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT WAS FILED IN THE SUPREME COURT IN THE HEWITT-ROBINS CASE ON OCTOBER 11, 1961. IN VIEW OF THE FOREGOING DEVELOPMENTS WE CANNOT CONSIDER THE COURT OF APPEALS DECISION IN THE HEWITT-ROBINS CASE TO BE DISPOSITIVE OF THE ISSUE. ACCORDINGLY, WE AGAIN AFFIRM OUR DECISIONS OF SEPTEMBER 1, 1960, AND APRIL 11, 1961.