B-126605, FEB. 6, 1956
Highlights
TO ILLINOIS CENTRAL RAILROAD: REFERENCE IS MADE TO YOUR LETTER FILE G-WQ-6057-A-WAO. SWEENEY STATES IN HIS LETTER THAT THE DESCRIPTION FURNISHED BY HIM WAS OBTAINED FROM THE BILLS OF LADING AND SHIPPING TICKETS. THERE IS NO DOUBT THAT THE DESCRIPTION FURNISHED BY MR. SWEENEY WAS OBTAINED FROM THE BILLS OF LADING. SINCE IT IS SOMEWHAT SIMILAR TO THAT SHOWN ON THE ORIGINAL BILLS OF LADING ON FILE HERE. WERE ISSUED FOR THE SPECIFIC PURPOSE OF CORRECTING THE DESCRIPTIONS SHOWN ON THE REFERRED-TO BILLS OF LADING. THESE TC FORMS 790 ARE OFFICIAL COMMUNICATIONS FROM THE WAR DEPARTMENT (NOW DEPARTMENT OF THE ARMY) TO OUR OFFICE FOR USE IN AUDITING THE PERTINENT PAYMENT VOUCHERS AND. IN THE ABSENCE OF CONVINCING EVIDENCE THAT THE INFORMATION CONTAINED THEREIN IS INCORRECT.
B-126605, FEB. 6, 1956
TO ILLINOIS CENTRAL RAILROAD:
REFERENCE IS MADE TO YOUR LETTER FILE G-WQ-6057-A-WAO, CONCERNING SHIPMENTS OF GOVERNMENT PROPERTY FROM MILAN, TENNESSEE, TO DOYLINE, LOUISIANA, UNDER BILLS OF LADING WT-8078456 AND WT-8078462, ON DECEMBER 7 AND 8, 1943, RESPECTIVELY. YOU CONTEND THAT CHARGES FOR TRANSPORTING THESE SHIPMENTS SHOULD BE BASED ON THE DESCRIPTION SHOWN ON THE BILLS OF LADING, AND OFFER IN SUBSTANTIATION A COPY OF A LETTER DATED OCTOBER 23, 1953, FROM LEO J. SWEENEY, CIVILIAN IN CHARGE, KANSAS CITY TRANSPORTATION CORPS UNIT, U.S. ARMY, KANSAS CITY, MISSOURI.
MR. SWEENEY STATES IN HIS LETTER THAT THE DESCRIPTION FURNISHED BY HIM WAS OBTAINED FROM THE BILLS OF LADING AND SHIPPING TICKETS. THERE IS NO DOUBT THAT THE DESCRIPTION FURNISHED BY MR. SWEENEY WAS OBTAINED FROM THE BILLS OF LADING, SINCE IT IS SOMEWHAT SIMILAR TO THAT SHOWN ON THE ORIGINAL BILLS OF LADING ON FILE HERE. HOWEVER, THE WAR DEPARTMENT TC FORMS 790, APPARENTLY PREPARED ON FEBRUARY 6, 1946, WERE ISSUED FOR THE SPECIFIC PURPOSE OF CORRECTING THE DESCRIPTIONS SHOWN ON THE REFERRED-TO BILLS OF LADING. THESE TC FORMS 790 ARE OFFICIAL COMMUNICATIONS FROM THE WAR DEPARTMENT (NOW DEPARTMENT OF THE ARMY) TO OUR OFFICE FOR USE IN AUDITING THE PERTINENT PAYMENT VOUCHERS AND, IN THE ABSENCE OF CONVINCING EVIDENCE THAT THE INFORMATION CONTAINED THEREIN IS INCORRECT, MUST BE GIVEN FULL CREDIT. THEREFORE, MR. SWEENEY'S CORROBORATION OF THE UNDISPUTED FACT AS TO HOW THE SHIPMENTS IN QUESTION WERE DESCRIBED ON THE ORIGINAL BILLS OF LADING IS NOT SUFFICIENT TO JUSTIFY OUR DISREGARDING THE SUPPLEMENTAL BILL OF LADING INFORMATION FURNISHED BY THE ARMY.
ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM ON BILL NO. WQ 6057-A IN OUR SETTLEMENT OF JANUARY 17, 1955, IS SUSTAINED.