B-114708, AUG. 6, 1956

B-114708: Aug 6, 1956

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BURLINGTON AND QUINCY RAILROAD COMPANY: REFERENCE IS MADE TO YOUR REQUESTS FOR REVIEW OF THE SETTLEMENTS DATED JANUARY 27. ON WHICH THE CHARGES WERE COMPUTED HERE AT THE CLASS-A RATE. IN THIS INSTANCE ANOTHER ISSUE IS INVOLVED. THIS QUESTION IS SIMILAR TO THE ONE PENDING IN WESTERN MARYLAND RAILROAD COMPANY V. UNTIL A FINAL JUDICIAL DETERMINATION IS MADE IN THOSE SUITS. FURTHER ACTION ON YOUR CLAIM WILL BE HELD IN ABEYANCE.

B-114708, AUG. 6, 1956

TO CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR REQUESTS FOR REVIEW OF THE SETTLEMENTS DATED JANUARY 27, AND FEBRUARY 6, 1956, WHICH DISALLOWED YOUR SUPPLEMENTAL BILLS NOS. 24688A, AND 29428A, RESPECTIVELY, FOR ADDITIONAL CHARGES ON A NUMBER OF SHIPMENTS OF AUTOMOBILE CHASSIS, KNOCKED-DOWN AND BOXED, ON WHICH THE CHARGES WERE COMPUTED HERE AT THE CLASS-A RATE, CONSISTENT WITH THE FINDINGS OF THE INTERSTATE COMMERCE COMMISSION IN GRAFTON COAL COMPANY V. BALTIMORE AND OHIO R. CO., 280 I.C.C. 435.

YOU NOW URGE ALLOWANCE OF THE AMOUNTS CLAIMED IN ACCORDANCE WITH THE FINDINGS OF THE INTERSTATE COMMERCE COMMISSION IN THE PLANTZ CASE, 291 I.C.C. 771. HOWEVER, IN THIS INSTANCE ANOTHER ISSUE IS INVOLVED, NAMELY, THE AVAILABILITY OF THE CLASS-A RATING ON AUTOMOBILE CHASSIS, KNOCKED- DOWN, BOXED. THIS QUESTION IS SIMILAR TO THE ONE PENDING IN WESTERN MARYLAND RAILROAD COMPANY V. UNITED STATES, C.CLS. NOS. 151-53 AND 449- 54, AND UNTIL A FINAL JUDICIAL DETERMINATION IS MADE IN THOSE SUITS, FURTHER ACTION ON YOUR CLAIM WILL BE HELD IN ABEYANCE.