B-125743, JAN. 13, 1956

B-125743: Jan 13, 1956

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MISSOURI PACIFIC RAILROAD COMPANY: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 14. SHOWS THAT THE TONNAGE IN QUESTION WAS SHIPPED INTO AVONDALE UNDER BILL OF LADING NO. TRANSPORTATION CHARGES FOR THE SERVICES PERFORMED WERE PAID ON YOUR BILL NO. 65927 BY VOUCHER NO. 88613 OF THE NOVEMBER 1951 ACCOUNTS OF ARMY DISBURSING OFFICER S. BILL OF LADING WV-3460572 SHOWS THAT A 40-FOOT FLAT CAR WAS ORDERED AND THAT A 46-FOOT 9-INCH FLAT CAR. WAS FURNISHED AT THE CARRIER'S CONVENIENCE. SHOWS THAT CAR L AND N 24453 WAS IN FACT 46-FOOT 9-INCHES IN LENGTH AS SHOWN ON THE BILL OF LADING. THE BILL OF LADING RECORD OF THE CAR NUMBER AND SIZE IS CONCLUSIVE IN THE ABSENCE OF PROOF THAT THEY ARE INCORRECT.

B-125743, JAN. 13, 1956

TO MR. H. F. LEMBECK, AUDITOR FREIGHT RECEIPTS, MISSOURI PACIFIC RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 14, 1954, FILE 6-00 70200, REQUESTING REVIEW OF THE SETTLEMENT DATED APRIL 8, 1954, CLAIM TK-499544, WHICH DISALLOWED YOUR CLAIM, PER SUPPLEMENTAL BILL NO. 70200-A, FOR $37.10 ADDITIONAL TO THE CHARGES ALREADY PAID FOR TRANSPORTING A SHIPMENT OF FREIGHT AUTOMOBILES FROM HERLONG, CALIFORNIA, STORED IN TRANSIT AT AVONDALE, COLORADO, UNDER THE PROVISIONS OF A.A.R. SECTION 22 QUOTATION 16 -F, AND RESHIPPED TO NEW ORLEANS, LOUISIANA, UNDER BILL OF LADING NO. WZ-T -156157, DATED APRIL 16, 1953.

YOUR CLAIM FOR ADDITIONAL CHARGES RESTS UPON THE CONTENTION THAT 13,640 POUNDS OF THE TONNAGE SURRENDERED FOR TRANSIT AT AVONDALE MOVED INBOUND TO THE STORAGE POINT IN CAR NO. L AND N 21153, ALLEGED TO BE A 52-FOOT 6-INCH CAR. THE INBOUND RECORD, HOWEVER, SHOWS THAT THE TONNAGE IN QUESTION WAS SHIPPED INTO AVONDALE UNDER BILL OF LADING NO. WV-3460572, DATED AUGUST 7, 1951, AND TRANSPORTATION CHARGES FOR THE SERVICES PERFORMED WERE PAID ON YOUR BILL NO. 65927 BY VOUCHER NO. 88613 OF THE NOVEMBER 1951 ACCOUNTS OF ARMY DISBURSING OFFICER S. E. BIGNELL. BILL OF LADING WV-3460572 SHOWS THAT A 40-FOOT FLAT CAR WAS ORDERED AND THAT A 46-FOOT 9-INCH FLAT CAR, L AND N 24453, WAS FURNISHED AT THE CARRIER'S CONVENIENCE. THE RAILWAY EQUIPMENT REGISTER FOR JULY 1951, I.C.C. R.E.R. NO. 300, SHOWS THAT CAR L AND N 24453 WAS IN FACT 46-FOOT 9-INCHES IN LENGTH AS SHOWN ON THE BILL OF LADING. THE BILL OF LADING RECORD OF THE CAR NUMBER AND SIZE IS CONCLUSIVE IN THE ABSENCE OF PROOF THAT THEY ARE INCORRECT.

THE SETTLEMENT OF APRIL 8, 1954, WAS CONSISTENT WITH THE BILL OF LADING RECORD, AND IS SUSTAINED.