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B-143950, MAY 31, 1961

B-143950 May 31, 1961
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TO CAROLINA FREIGHT CARRIERS CORPORATION: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 10. T-516A IN WHICH THE SUBJECT SHIPMENT WAS LOADED AND ALSO REQUEST THAT WE CONSIDER THE FACT THAT THE SHIPMENT WAS AN "EMERGENCY" SUBJECT TO PRIORITY 2 WITH A GUARANTEED DELIVERY DATE IN DETERMINING THE APPLICABLE CHARGES. A REPORT OF THE DEPARTMENT OF THE ARMY INDICATES THE DIMENSIONS OF THE SHIPPING BOXES ARE NOT OF RECORD. THUS WE ARE UNABLE TO FURNISH SUCH INFORMATION BUT WE ARE ENCLOSING FOR YOUR INFORMATION A COPY OF THE PACKER'S WORKSHEET WHICH BEARS THE NOTATION "FULL CAPACITY.'. THIS NOTATION APPARENTLY WAS MADE IN THE NORMAL COURSE OF BUSINESS AND APPEARS TO INDICATE THAT NO ADDITIONAL FREIGHT COULD BE LOADED IN THE SUBJECT TRAILER.

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B-143950, MAY 31, 1961

TO CAROLINA FREIGHT CARRIERS CORPORATION:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 10, 1961, IN WHICH YOU IN EFFECT ASK FOR RECONSIDERATION OF OUR DECISION OF DECEMBER 8, 1960, B- 143950, SUSTAINING THE DISALLOWANCE OF YOUR CLAIM (058-672) FOR $198. YOU ASK THAT WE FURNISH THE DIMENSIONS OF EACH OF THE SIX BOXES INCLUDED IN TRAILER NO. T-516A IN WHICH THE SUBJECT SHIPMENT WAS LOADED AND ALSO REQUEST THAT WE CONSIDER THE FACT THAT THE SHIPMENT WAS AN "EMERGENCY" SUBJECT TO PRIORITY 2 WITH A GUARANTEED DELIVERY DATE IN DETERMINING THE APPLICABLE CHARGES.

A REPORT OF THE DEPARTMENT OF THE ARMY INDICATES THE DIMENSIONS OF THE SHIPPING BOXES ARE NOT OF RECORD. THUS WE ARE UNABLE TO FURNISH SUCH INFORMATION BUT WE ARE ENCLOSING FOR YOUR INFORMATION A COPY OF THE PACKER'S WORKSHEET WHICH BEARS THE NOTATION "FULL CAPACITY.' THIS NOTATION APPARENTLY WAS MADE IN THE NORMAL COURSE OF BUSINESS AND APPEARS TO INDICATE THAT NO ADDITIONAL FREIGHT COULD BE LOADED IN THE SUBJECT TRAILER. THE RECORD ALSO INDICATES THAT TRAILER NO. T-516A WAS A 35-FOOT VOLUME TRAILER WITH INSIDE DIMENSIONS OF 105 INCHES WIDE, 98 INCHES HIGH WITH A 95 INCH DOOR. THE U.S.A.F. STOCK LIST 4100 SHOWS THE APPROXIMATE OVERALL DIMENSIONS FOR THE COOLING ROOMS AS 10 1/2 FEET WIDE, 29 FEET DEEP, 9 1/2 FEET HIGH. THIS RECORD AND THE FACT THAT THE BILL OF LADING WAS ANNOTATED "LOADED TO FULL VISIBLE CAPACITY" SEEM FULLY TO WARRANT A CONCLUSION THAT THE VEHICLE WAS SO LOADED. YOU HAVE NOT PRESENTED SATISFACTORY EVIDENCE TO THE CONTRARY. ALSO, AS WE PREVIOUSLY INDICATED, THE BURDEN IS UPON THE CARRIER TO PROVE OTHERWISE AS IT IS INCUMBENT UPON CARRIERS CLAIMING AMOUNTS FROM THE UNITED STATES TO ESTABLISH THEIR CLEAR RIGHT TO PAYMENT. IN THE ABSENCE OF SATISFACTORY EVIDENCE TO ESTABLISH THE LIABILITY OF THE UNITED STATES FOR THE CHARGES CLAIMED, WE HAVE NO AUTHORITY TO AUTHORIZE PAYMENT OF YOUR BILL. SEE CHARLES V. UNITED STATES, 19 CT.CL. 316; LONGWILL V. UNITED STATES, 17 CT.CL. 288.

ALTHOUGH THE FACT THAT THE BILL OF LADING UNDER THE TRAFFIC CONTROL NUMBER DESIGNATES THIS SHIPMENT AS "EMERGENCY" AND SHOWS UNDER MARKS THE LEGEND "PRIORITY 2 - GUARANTEED DELIVERY DATE 6 DEC 56 - SOONER IF POSSIBLE," THESE NOTATIONS WOULD NOT ALTER OUR DECISION. THE BASIS OF OUR DECISION IS THAT EVEN THOUGH A SHIPMENT MAY HAVE BEEN ACCORDED EXCLUSIVE- USE SERVICE, NEVERTHELESS CHARGES FOR SUCH SERVICE--- WHICH IS DESIGNED TO ACCORD TO LESS-THAN-TRUCKLOAD QUANTITIES TRUCKLOAD SERVICE--- ARE NOT APPLICABLE WHERE, AS HERE, THE VEHICLE IS LOADED TO CAPACITY. CURTIS LIGHTING INC. V. MID-STATES FREIGHT LINES, INC., 303 I.C.C. 576.

ACCORDINGLY, AND SINCE YOUR LETTER OF JANUARY 10, 1961, CONTAINS NOTHING TO JUSTIFY A REVERSAL OR MODIFICATION OF THE PRIOR CONCLUSION, THE DECISION OF DECEMBER 8, 1960, IS AFFIRMED.

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