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B-143584, APR. 21, 1961

B-143584 Apr 21, 1961
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INC.: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 23. REFERENCE IS ALSO MADE TO EIGHT OTHER LETTERS PROTESTING ON THE SAME BASIS THE SETTLEMENT ACTION TAKEN ON TK NOS. 702953. EVEN IF OUR OFFICE IS CORRECT AS TO THE PROPER RATING APPLICABLE ON SHIPMENTS OF AIRPLANE ENGINES SUBJECT TO RATINGS BASED ON RELEASED VALUATIONS ON THE BASIS OF THE RULINGS OF THE INTERSTATE COMMERCE COMMISSION REFERRED TO IN OUR DECISION OF NOVEMBER 8. THE THROUGH RATE ORIGINALLY CHARGED IS NOT APPLICABLE SINCE THE POINT OF ORIGIN. IS NOT SHOWN IN THE GOVERNING TERRITORIAL DIRECTORY AS BEING SERVED BY THE ORIGIN CARRIER. IT IS THE USE OF THIS TARIFF TO WHICH YOU OBJECT. CONTENDING THAT NEITHER GRANDVIEW AIR FORCE BASE NOR RICHARDS GEBAUR AIR FORCE BASE (THE NEW NAME OF THIS INSTALLATION) IS NAMED IN MWMFB TARIFF NO. 1036 AND THEREFORE OUR OFFICE MUST BE USING THE RATE INTERMEDIATE FROM BELT ON.

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B-143584, APR. 21, 1961

TO NAVAJO FREIGHT LINES, INC.:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 23, 1960, IN WHICH YOU REQUEST RECONSIDERATION OF OUR DECISION OF NOVEMBER 8, 1960, B-143584, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM NAVAJO GO 429, FOR $275.10, ON BILL NO. 1677-9136-A, COVERED BY OUR CLAIM TK-685549. REFERENCE IS ALSO MADE TO EIGHT OTHER LETTERS PROTESTING ON THE SAME BASIS THE SETTLEMENT ACTION TAKEN ON TK NOS. 702953, 704003, 703912, 704166, 704168, 704623, 702951, 702831, 704001, 704624, 704049, 704002, 702954, 704048, 704619 AND 704163.

YOU NOW INDICATE THAT, EVEN IF OUR OFFICE IS CORRECT AS TO THE PROPER RATING APPLICABLE ON SHIPMENTS OF AIRPLANE ENGINES SUBJECT TO RATINGS BASED ON RELEASED VALUATIONS ON THE BASIS OF THE RULINGS OF THE INTERSTATE COMMERCE COMMISSION REFERRED TO IN OUR DECISION OF NOVEMBER 8, 1960, YOU TAKE EXCEPTION TO THE FIRST FACTOR OF THE COMBINATION OF RATES USED IN OUR COMPUTATION OF THE APPLICABLE CHARGES. AS YOU KNOW, THE THROUGH RATE ORIGINALLY CHARGED IS NOT APPLICABLE SINCE THE POINT OF ORIGIN, GRANDVIEW, MISSOURI, IS NOT SHOWN IN THE GOVERNING TERRITORIAL DIRECTORY AS BEING SERVED BY THE ORIGIN CARRIER, B AND H FREIGHT LINES. ACCORDINGLY, IN THE COMPUTATION OF CHARGES OUR OFFICE CONSTRUCTED A COMBINATION OF RATES OVER THE ROUTE OF MOVEMENT USING AS AUTHORITY FOR THE FIRST FACTOR, GRANDVIEW TO KANSAS CITY, MISSOURI, THE RATES PUBLISHED IN MIDDLEWEST MOTOR FREIGHT BUREAU TARIFF NO. 1036, MF-I.C.C.NO. 99. IT IS THE USE OF THIS TARIFF TO WHICH YOU OBJECT, CONTENDING THAT NEITHER GRANDVIEW AIR FORCE BASE NOR RICHARDS GEBAUR AIR FORCE BASE (THE NEW NAME OF THIS INSTALLATION) IS NAMED IN MWMFB TARIFF NO. 1036 AND THEREFORE OUR OFFICE MUST BE USING THE RATE INTERMEDIATE FROM BELT ON, MISSOURI, WHICH POINT IS SHOWN IN THE TARIFF.

IN THE CONSTRUCTION OF THE FIRST FACTOR WE HAVE NOT USED AN INTERMEDIATE RULE TO ARRIVE AT THE RATE. THE RATE USED BY OUR OFFICE IS SPECIFICALLY PROVIDED FOR IN THE TARIFF. UNDER THE LIST OF POINTS BETWEEN WHICH RATES IN THE TARIFF APPLY IS THE POINT--- "U.S. AIR FORCE BASE (NEAR GRANDVIEW) NO.' THIS POINT IS SHOWN ON PAGE 2 OF SUPPLEMENT NO. 61 EFFECTIVE APRIL 29, 1953, WHICH CONTINUED IN EFFECT THROUGH THE DATE THAT ALL OF THE SUBJECT SHIPMENTS MOVED. IT HAS LONG BEEN RECOGNIZED THAT THE RATE IN EFFECT ON THE DATE OF SHIPMENT IS THE LEGALLY APPLICABLE RATE. INTERSTATE REMEDY COMPANY V. AMERICAN EXPRESS CO., 16 I.C.C. 436; TRANSCONTINENTAL FREIGHT CO. V. DIRECTOR GENERAL, 62 I.C.C. 127, AND S. A. GERRARD CO. V. BELT RY.CO. OF CHICAGO, 270 I.C.C. 59. AND, A TARIFF, WHICH GENERALLY IS A SCHEDULE OF RATES SERVING AS MEASURES OF THE CHARGES APPLICABLE TO GIVEN SHIPMENTS, IS NECESSARILY INCLUSIVE OF ITS SUPPLEMENTS EFFECTIVE AT THE TIME OF THE GIVEN SHIPMENTS, AND A SUPPLEMENT IS AN INTEGRAL PART OF THE TARIFF IT MODIFIES. SEE G. C. WRIGHT V. ATLANTIC COAST LINE RAILROAD CO., 152 I.C.C. 319, 320; AND MCCAFFREY BROTHERS COMPANY V. CHICAGO, BURLINGTON AND QUINCY R.CO., 207 N.W. 503. THUS, THE RATE USED IN CONSTRUCTING THE FIRST FACTOR OF THE COMBINATION OF RATES USED IN THE SETTLEMENT IS SPECIFICALLY PROVIDED BY THE APPLICABLE TARIFF WITHOUT RESORT TO INTERMEDIATE RULES.

ACCORDINGLY, SINCE YOUR LETTER OF NOVEMBER 23, 1960, CONTAINS NOTHING TO JUSTIFY A REVERSAL OR MODIFICATION OF THE PRIOR CONCLUSION, THE DECISION OF NOVEMBER 8, 1960, IS AFFIRMED. ALSO SINCE YOUR LETTERS PROTESTING THE 15 OTHER SETTLEMENTS INVOLVED THE SAME ISSUE, NO PROPER BASIS IS ..END :

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