B-126523, JUL. 30, 1956

B-126523: Jul 30, 1956

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SOUTHERN PACIFIC COMPANY: REFERENCE IS MADE TO YOUR LETTER PER FILE YC-85-D-228201-9. T-1-A IS SIMILAR TO THAT NOW PENDING BEFORE THE UNITED STATES COURT OF CLAIMS IN WESTERN PACIFIC RAILROAD CO. FURTHER ACTION WILL BE DEFERRED UNTIL SUCH TIME AS THERE HAS BEEN A FINAL JUDICIAL DETERMINATION OF THE QUESTION AT ISSUE.

B-126523, JUL. 30, 1956

TO MR. H. J. KIHN, AUDITOR OF FREIGHT ACCOUNTS, SOUTHERN PACIFIC COMPANY:

REFERENCE IS MADE TO YOUR LETTER PER FILE YC-85-D-228201-9, REQUESTING RECONSIDERATION OF THE DISALLOWANCE OF YOUR SUPPLEMENTAL BILL NO. D- 228201, IN THE AMOUNT OF $728.76, CLAIM TK-592174, REPRESENTING ADDITIONAL CHARGES ALLEGED TO BE DUE FOR TRANSPORTATION OF A CARLOAD OF CHEMICALS FROM FISH HOUSE AND CAMDEN, NEW JERSEY, TRANSITED AT SAN ANTONIO, TEXAS, AND DESTINED TO OAKLAND, CALIFORNIA, FOR EXPORTATION TO AUSTRALIA, UNDER GOVERNMENT BILL OF LADING NO. WQ 15220872, DATED MAY 15, 1943.

IN YOUR REQUEST FOR REVIEW OF THE DISALLOWANCE OF YOUR BILL D 228201, YOU ASSERT THAT THE GOVERNMENT DID NOT COMPLY WITH THE PROVISIONS OF THE TRANSIT TARIFF NO. T-1-A, SO AS TO ENTITLE THE SUBJECT SHIPMENT TO TRANSIT UNDER THE PROVISIONS OF THAT TARIFF.

THE SITUATION HERE PRESENTED WITH RESPECT TO THE APPLICABILITY OF THE TRANSIT TARIFF NO. T-1-A IS SIMILAR TO THAT NOW PENDING BEFORE THE UNITED STATES COURT OF CLAIMS IN WESTERN PACIFIC RAILROAD CO. V. UNITED STATES, C.CLS. NO. 533-52. ACCORDINGLY, FURTHER ACTION WILL BE DEFERRED UNTIL SUCH TIME AS THERE HAS BEEN A FINAL JUDICIAL DETERMINATION OF THE QUESTION AT ISSUE.