B-126779, APR. 24, 1956

B-126779: Apr 24, 1956

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TO ERIE RAILROAD COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 23. THIS BILL OF LADING SHOWS THAT THE SHIPMENT WAS CONSIGNED TO THE BRITISH MINISTRY OF WAR TRANSPORT. THE MATERIAL WAS RESHIPPED ON BILL OF LADING DA-TPS-258623 TO OAKLAND. THIS QUESTION IS PRESENTLY PENDING IN THE COURT OF CLAIMS IN PENNSYLVANIA RAILROAD CO. THE QUESTION OF WHETHER OR NOT A COURT IS REQUIRED TO HOLD ITS ACTION IN ABEYANCE PENDING A DETERMINATION BY THE INTERSTATE COMMERCE COMMISSION OF THE REASONABLENESS OF THE CHARGES CLAIMED ON FRUSTRATED FREIGHT SHIPMENTS IS NOW PENDING IN THE SUPREME COURT OF THE UNITED STATES IN UNITED STATES V. NO FURTHER ACTION WILL BE TAKEN ON YOUR REQUEST FOR THE ALLOWANCE OF $110.36 PENDING THE DETERMINATION OF THOSE CASES WHICH HAVE A BEARING ON THE DISPOSITION OF YOUR PRESENT CLAIM.

B-126779, APR. 24, 1956

TO ERIE RAILROAD COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 23, 1956, FILE 77- 1803-2-43, REQUESTING REVIEW OF THE DISALLOWANCE OF YOUR CLAIM FOR $164.08 AS A PART OF THE CHARGES ALLEGED TO BE DUE FOR TRANSPORTING A SHIPMENT OF TRACTORS AND LUBRICATING OIL FROM PEORIA, ILLINOIS, TO NEW YORK, FOR EXPORT, ON BILL OF LADING NO. DA-TPS-251380, IN 1942. THIS BILL OF LADING SHOWS THAT THE SHIPMENT WAS CONSIGNED TO THE BRITISH MINISTRY OF WAR TRANSPORT, NOTIFY: WAR FORWARDING CORPORATION, FOR RESHIPMENT TO BRISBANE, AUSTRALIA, ON QMR RELEASE NO. 340824. UPON ARRIVAL OF THE SHIPMENT AT NEW YORK, NEW YORK, THE MATERIAL WAS RESHIPPED ON BILL OF LADING DA-TPS-258623 TO OAKLAND, CALIFORNIA, FOR EXPORT, AS ORIGINALLY INTENDED, PRESUMABLY BECAUSE CONDITIONS OF WAR PREVENTED ITS EXPORTATION THROUGH THE PORT OF NEW YORK. YOU NOW CLAIM THE ADDITIONAL AMOUNT OF $110.36.

THE QUESTION PRESENTED HERE CONCERNS THE ALLOWABLE CHARGES ON SO CALLED "FRUSTRATED FREIGHT," PRIOR TO THE EFFECTIVE DATE OF FREIGHT TARIFF NO. F- 1, AND THIS QUESTION IS PRESENTLY PENDING IN THE COURT OF CLAIMS IN PENNSYLVANIA RAILROAD CO. V. UNITED STATES, C. CLS. NO. 50027. ALSO, THE QUESTION OF WHETHER OR NOT A COURT IS REQUIRED TO HOLD ITS ACTION IN ABEYANCE PENDING A DETERMINATION BY THE INTERSTATE COMMERCE COMMISSION OF THE REASONABLENESS OF THE CHARGES CLAIMED ON FRUSTRATED FREIGHT SHIPMENTS IS NOW PENDING IN THE SUPREME COURT OF THE UNITED STATES IN UNITED STATES V. CHESAPEAKE AND OHIO RAILWAY COMPANY, NO. 560.

ACCORDINGLY, NO FURTHER ACTION WILL BE TAKEN ON YOUR REQUEST FOR THE ALLOWANCE OF $110.36 PENDING THE DETERMINATION OF THOSE CASES WHICH HAVE A BEARING ON THE DISPOSITION OF YOUR PRESENT CLAIM. AT THAT TIME YOUR CLAIM WILL BE GIVEN CONSIDERATION BY OUR TRANSPORTATION DIVISION IN THE LIGHT OF THE JUDICIAL RULINGS.