B-118118, MAY 3, 1956
Highlights
TO ILLINOIS CENTRAL RAILROAD: WE HAVE RECEIVED YOUR LETTER OF APRIL 17. THE MATTER OF THE APPLICATION OF THE BILL OF LADING CARRIERS' LAND GRANT EQUALIZATION AGREEMENT IN A SITUATION INVOLVING UTILIZATION OF A TRANSIT PRIVILEGE WAS REVIEWED IN OUR PRIOR DECISIONS IN THIS CASE. THERE DOES NOT APPEAR TO BE ANYTHING SUGGESTED IN YOUR LETTER OF APRIL 17 WHICH WAS NOT CONSIDERED IN THOSE DECISIONS OR WHICH WOULD WARRANT THEIR MODIFICATION OR REVERSAL. WE PREVIOUSLY INDICATED THAT THE DISPOSITION OF YOUR CLAIM WAS PREMISED UPON THE PRINCIPLE THAT THE CARRIERS NAMED IN THE BILL OF LADING ON THE TRANSITED SHIPMENTS. FOR WHICH A THROUGH RATE WAS APPLICABLE FROM ORIGINAL POINT OF ORIGIN TO FINAL DESTINATION.
B-118118, MAY 3, 1956
TO ILLINOIS CENTRAL RAILROAD:
WE HAVE RECEIVED YOUR LETTER OF APRIL 17, 1956, FILE G-WG-27365-A-R, REQUESTING FURTHER CONSIDERATION OF OUR DECISION OF JULY 27, 1954, AFFIRMED APRIL 12, 1956, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL CHARGES ON SEVERAL SHIPMENTS OF EMPTY PROJECTILES TRANSPORTED FROM BOYLES, ALABAMA, TO LOUISVILLE, KENTUCKY, FOR STORAGE IN TRANSIT, AND RESHIPPED TO ORDILL, ILLINOIS, IN 1943.
THE MATTER OF THE APPLICATION OF THE BILL OF LADING CARRIERS' LAND GRANT EQUALIZATION AGREEMENT IN A SITUATION INVOLVING UTILIZATION OF A TRANSIT PRIVILEGE WAS REVIEWED IN OUR PRIOR DECISIONS IN THIS CASE. THERE DOES NOT APPEAR TO BE ANYTHING SUGGESTED IN YOUR LETTER OF APRIL 17 WHICH WAS NOT CONSIDERED IN THOSE DECISIONS OR WHICH WOULD WARRANT THEIR MODIFICATION OR REVERSAL. WE PREVIOUSLY INDICATED THAT THE DISPOSITION OF YOUR CLAIM WAS PREMISED UPON THE PRINCIPLE THAT THE CARRIERS NAMED IN THE BILL OF LADING ON THE TRANSITED SHIPMENTS, FOR WHICH A THROUGH RATE WAS APPLICABLE FROM ORIGINAL POINT OF ORIGIN TO FINAL DESTINATION, AGREED, UNDER THE TERMS OF THEIR LAND-GRANT EQUALIZATION AGREEMENT, TO EQUALIZE THE LOWEST AVAILABLE NET RATE APPLICABLE FROM SUCH ORIGINAL POINT OF ORIGIN TO FINAL DESTINATION. ANY CASE IN WHICH SIMILAR CONDITIONS EXIST WOULD BE GOVERNED BY THE SAME PRINCIPLE.
ACCORDINGLY, FURTHER CONSIDERATION OF THIS MATTER DOES NOT ESTABLISH ANY JUSTIFICATION FOR THE PAYMENT OF ANY ADDITIONAL AMOUNT CLAIMED BY YOU AS UNDERPAID ON THESE SHIPMENTS.