B-126510, JAN. 23, 1956

B-126510: Jan 23, 1956

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TOPEKA AND SANTA FE RAILWAY COMPANY: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 10. YOUR BILL WAS SUPPORTED BY BILL OF LADING NO. " WAS TRANSPORTED FROM CHERRY POINT. IS NOT FOR APPLICATION IN THIS CASE. ANY PART OF THE AMOUNT CLAIMED WHICH ACCRUED AT THAT TIME IS BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS. THE CLAIM FOR THAT AMOUNT ACCRUED AT THE TIME OF DEDUCTION AND TO THAT EXTENT YOUR CLAIM WAS TIMELY FILED. PAYMENT WILL REACH YOU IN DUE COURSE. REPRESENTING A CLAIM FILED MORE THAN TEN FULL YEARS AFTER THE CAUSE OF ACTION FIRST ACCRUED IS BARRED BY REASON OF THE PROVISIONS OF THE CITED STATUTE.

B-126510, JAN. 23, 1956

TO MR. E. E. STEIN, AUDITOR OF FREIGHT ACCOUNTS, ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 10, 1955, FILE G 318598, REQUESTING A REVIEW OF THE ACTION OF OUR TRANSPORTATION DIVISION IN ADJUSTING THE CHARGES PREVIOUSLY PAID ON YOUR BILL NO. 318598 BY VOUCHER 602557 OF THE MAY 1944 ACCOUNTS OF W. J. MCNEIL, NAVY DISBURSING OFFICER. YOUR BILL WAS SUPPORTED BY BILL OF LADING NO. N-5854685, DATED MARCH 13, 1944, UNDER WHICH A SHIPMENT OF "5 VEHICLES, O.T.M., 1 TON 2 WHEEL LUBRICATING TRAILERS W/LUBRICATING UNITS," WAS TRANSPORTED FROM CHERRY POINT, NORTH CAROLINA, TO LINDA VISTA, CALIFORNIA.

PURSUANT TO YOUR REQUEST, THIS MATTER HAS BEEN RE-EXAMINED BY OUR TRANSPORTATION DIVISION AND, IN THE LIGHT OF INFORMATION FURNISHED BY THE DEPARTMENT OF THE NAVY, THAT DIVISION HAS CONCLUDED THAT THE RATE PUBLISHED IN ITEM 3960 OF TRANSCONTINENTAL TARIFF NO. 1-X, IS NOT FOR APPLICATION IN THIS CASE.

YOUR CLAIM FOR $407.64 HAS BEEN ASSIGNED OUR CLAIM NO. TK-605-557. EXAMINATION OF THE RECORD SHOWS THAT THE SHIPMENT MOVED IN MARCH 1944, MORE THAN ELEVEN YEARS AGO, AND ANY PART OF THE AMOUNT CLAIMED WHICH ACCRUED AT THAT TIME IS BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS. HOWEVER, $331.12 OF THE AMOUNT CLAIMED BY YOU REPRESENTS AN ALLEGED OVERPAYMENT RECOVERED BY THE UNITED STATES IN DECEMBER 1954 BY DEDUCTION FROM MONEYS OTHERWISE DUE YOU. THUS, THE CLAIM FOR THAT AMOUNT ACCRUED AT THE TIME OF DEDUCTION AND TO THAT EXTENT YOUR CLAIM WAS TIMELY FILED. SEE, IN THIS CONNECTION, 31 U.S.C.A. 71 (A), WHICH READS IN PERTINENT PART AS FOLLOWS:

"EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIM * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.'

ACCORDINGLY, $331.12 OF YOUR CLAIM FOR $407.64 HAS BEEN CERTIFIED FOR PAYMENT BY CERTIFICATE OF SETTLEMENT NO. 646008, DATED DECEMBER 12, 1955, AND PAYMENT WILL REACH YOU IN DUE COURSE. PAYMENT OF THE REMAINING $76.52 ($407.64 LESS $331.12), REPRESENTING A CLAIM FILED MORE THAN TEN FULL YEARS AFTER THE CAUSE OF ACTION FIRST ACCRUED IS BARRED BY REASON OF THE PROVISIONS OF THE CITED STATUTE.