B-126802, MAR. 21, 1956

B-126802: Mar 21, 1956

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TO ERIE RAILROAD COMPANY: REFERENCE IS MADE TO YOUR FILE 77-5465-2/43 CONCERNING YOUR CLAIM FOR REFUND OF $1. WHICH WAS DEDUCTED FROM AMOUNTS OTHERWISE DUE ON ACCOUNT OF AN OVERPAYMENT FUND IN THE PAYMENT OF CHARGES FOR THE TRANSPORTATION OF 5 CARLOADS OF IRON OR STEEL BARS FROM MINNEQUA. WAS REQUIRED FOR MORE URGENTLY NEEDED CARGO. THIS QUESTION IS PRESENTLY PENDING IN THE UNITED STATES 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.

B-126802, MAR. 21, 1956

TO ERIE RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR FILE 77-5465-2/43 CONCERNING YOUR CLAIM FOR REFUND OF $1,452.50, WHICH WAS DEDUCTED FROM AMOUNTS OTHERWISE DUE ON ACCOUNT OF AN OVERPAYMENT FUND IN THE PAYMENT OF CHARGES FOR THE TRANSPORTATION OF 5 CARLOADS OF IRON OR STEEL BARS FROM MINNEQUA, COLORADO, CONSIGNED TO THE BRITISH MINISTRY OF WAR TRANSPORT, NEW YORK, NEW YORK. UPON ARRIVAL IN THE NEW YORK HARBOR DISTRICT, THE CONSIGNEE RESHIPPED THE CARS TO KINGSLAND, NEW JERSEY, VIA THE DELAWARE, LACKAWANNA AND WESTERN RAILROAD, PRESUMABLY BECAUSE THE VESSEL SPACE PREVIOUSLY ARRANGED FOR BY THE CONSIGNEE, WAS REQUIRED FOR MORE URGENTLY NEEDED CARGO.

THE QUESTION THUS PRESENTED 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 UNITED STATES 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 REFUND PENDING DETERMINATION OF THE CITED CASES WHICH HAVE A BEARING ON THE DISPOSITION OF YOUR PRESENT CLAIM. AT THAT TIME YOUR CLAIM WILL BE GIVEN PROMPT CONSIDERATION BY OUR TRANSPORTATION DIVISION IN THE LIGHT OF THE