B-127859, MAY 25, 1956

B-127859: May 25, 1956

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

LACKAWANNA AND WESTERN RAILROAD COMPANY: REFERENCE IS MADE TO YOUR FILE AR BILL 15571-B CONCERNING YOUR CLAIM FOR REFUND OF $532.25. WHICH WAS DEDUCTED FROM AMOUNTS OTHERWISE DUE ON YOUR BILL NO. 11299 TO RECOVER AN OVERPAYMENT IN THE CHARGE FOR THE TRANSPORTATION OF 3 CARLOADS OF STEEL BARS TRANSPORTED FROM MASSILLON. UPON ARRIVAL IN THE NEW YORK HARBOR DISTRICT THE CARS APPARENTLY WERE UNLOADED ONTO YOUR PREMISES AT JERSEY CITY. PRESUMABLY BECAUSE THE VESSEL SPACE PREVIOUSLY ARRANGED FOR BY THE CONSIGNEE WAS REQUIRED FOR MORE URGENTLY NEEDED CARGO. THIS QUESTION IS NOW PENDING IN THE UNITED STATES COURT OF CLAIMS IN PENNSYLVANIA RAILROAD COMPANY V. 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-127859, MAY 25, 1956

TO THE DELAWARE, LACKAWANNA AND WESTERN RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR FILE AR BILL 15571-B CONCERNING YOUR CLAIM FOR REFUND OF $532.25, WHICH WAS DEDUCTED FROM AMOUNTS OTHERWISE DUE ON YOUR BILL NO. 11299 TO RECOVER AN OVERPAYMENT IN THE CHARGE FOR THE TRANSPORTATION OF 3 CARLOADS OF STEEL BARS TRANSPORTED FROM MASSILLON, OHIO, AND CANTON, OHIO, TO THE SOVIET PURCHASING COMMISSION, MOORE MCCORMACK LINES, NEW YORK, NEW YORK, IN JUNE AND JULY 1942. UPON ARRIVAL IN THE NEW YORK HARBOR DISTRICT THE CARS APPARENTLY WERE UNLOADED ONTO YOUR PREMISES AT JERSEY CITY, NEW JERSEY, 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 NOW PENDING IN THE UNITED STATES COURT OF CLAIMS IN PENNSYLVANIA RAILROAD COMPANY 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 CONSIDERATION BY OUR TRANSPORTATION DIVISION IN THE LIGHT OF THE JUDICIAL