B-128317, SEP. 10, 1956

B-128317: Sep 10, 1956

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TO ILLINOIS CENTRAL RAILROAD: REFERENCE IS MADE TO YOUR LETTER DATED JUNE 14. - FOR THE REASON THAT THE CLAIM WAS BARRED BY THE TEN-YEAR STATUTE OF LIMITATIONS PROVIDED BY PUBLIC LAW NO. 820. YOU CONTEND THAT SINCE AN ADDITIONAL AMOUNT OF $3.07 WAS ALLOWED BY CERTIFICATE OF SETTLEMENT NO. THE TEN-YEAR PERIOD UNDER THE STATUTE WAS AUTOMATICALLY EXTENDED UNTIL SEPTEMBER 1965. WHICH WAS DELIVERED AT DESTINATION ON DECEMBER 26. THERE WAS AN ERROR IN THE FOOTING OF BILL NO. THE AMOUNT SHOWN AS "TOTAL" WAS $90.25. THE AMOUNT OF $90.25 WAS ALLOWED IN CERTIFICATE OF SETTLEMENT NO. 631219. WHILE THIS BILL WAS RECEIVED HERE MORE THAN 10 YEARS AFTER THE DATE OF DELIVERY. THE BILL WAS EXAMINED AND OF THE AMOUNT CLAIMED.

B-128317, SEP. 10, 1956

TO ILLINOIS CENTRAL RAILROAD:

REFERENCE IS MADE TO YOUR LETTER DATED JUNE 14, 1956, FILE G-WT 4239-D- GSI-WAG, PROTESTING OUR LETTER OF JUNE 12, 1956, IN WHICH WE DECLINED YOUR CLAIM FOR $47.78--- PER SUPPLEMENTAL BILL NO. WT-4239-D GSI--- FOR THE REASON THAT THE CLAIM WAS BARRED BY THE TEN-YEAR STATUTE OF LIMITATIONS PROVIDED BY PUBLIC LAW NO. 820, 3P U.S.C.A. 71A. YOU CONTEND THAT SINCE AN ADDITIONAL AMOUNT OF $3.07 WAS ALLOWED BY CERTIFICATE OF SETTLEMENT NO. T 639042, DATED SEPTEMBER 23, 1955, THE TEN-YEAR PERIOD UNDER THE STATUTE WAS AUTOMATICALLY EXTENDED UNTIL SEPTEMBER 1965.

THE RECORD IN THIS MATTER SHOWS THAT YOU ORIGINALLY CLAIMED $528.90 ON BILL NO. WQ-4239 FOR TRANSPORTING A SHIPMENT UNDER BILL OF LADING NO. WT- 3776413, WHICH WAS DELIVERED AT DESTINATION ON DECEMBER 26, 1944. SUPPLEMENTAL BILL NO. WT-4239-B, RECEIVED IN THIS OFFICE ON DECEMBER 1, 1954, YOU CLAIMED ADDITIONAL CHARGES BASED ON AN ERROR IN WEIGHTS, AS ORIGINALLY BILLED. HOWEVER, THERE WAS AN ERROR IN THE FOOTING OF BILL NO. WT-4239-B IN THAT THE COMPUTATION SHOWN SET FORTH AS A "BAL. DUE" OF $141.10, BUT THE AMOUNT SHOWN AS "TOTAL" WAS $90.25. THE AMOUNT OF $90.25 WAS ALLOWED IN CERTIFICATE OF SETTLEMENT NO. 631219, DATED JUNE 6, 1955. THEREAFTER, ON JUNE 29, 1955, YOU SUBMITTED SUPPLEMENTAL BILL NO. WT-4239- C-OSI, CLAIMING A BALANCE DUE OF $50.85 ($141.10 LESS $90.25), AND WHILE THIS BILL WAS RECEIVED HERE MORE THAN 10 YEARS AFTER THE DATE OF DELIVERY, THE BILL WAS EXAMINED AND OF THE AMOUNT CLAIMED, $3.07 WAS ALLOWED IN CERTIFICATE OF SETTLEMENT NO. 639042, DATED SEPTEMBER 23, 1955. NOVEMBER 2, 1955, YOUR SUPPLEMENTAL BILL NO. WT-4239-D-GSI, RECLAIMING THE AMOUNT OF $47.78, WAS RECEIVED, AND BY LETTER OF JUNE 12, 1956, THIS SUPPLEMENTAL BILL, TOGETHER WITH A COPY OF PUBLIC LAW 820, SUPRA, WAS RETURNED BY OUR TRANSPORTATION DIVISION.

A REVIEW OF THE ENTIRE RECORD IN THIS CASE SHOWS THAT THE STATUTE OF LIMITATIONS WAS NOT ASSERTED AS A DEFENSE IN THE EXAMINATION OF SUPPLEMENTAL BILL WT-4239-C-OSI; NEVERTHELESS, AS EVIDENCED BY CERTIFICATE OF SETTLEMENT NO. 639042, ALL BUT $3.07 OF YOUR CLAIM WAS DISALLOWED FOR A DIFFERENT REASON.

YOUR SUPPLEMENTAL BILL NO. WT-4239-C-GSI SHOWS THAT YOU CLAIMED CHARGES ON THE INVOLVED SHIPMENT WHICH WERE COMPUTED ON THE BASIS OF A GROSS RATE OF $1.23 PER 100 POUNDS, REDUCED TO .93056 ON ACCOUNT OF LAND-GRANT, AS BEING APPLICABLE BETWEEN LEBANON, TENNESSEE, AND BROOKLYN, MISSISSIPPI. HOWEVER, THE CONSIGNEE'S CERTIFICATE OF DELIVERY ON BILL OF LADING WT- 3776413 SHOWS THAT DELIVERY WAS ACCOMPLISHED AT CAMP SHELBY, MISSISSIPPI, AND THE GROSS RATE APPLICABLE TO CAMP SHELBY IS $1.18 PER 100 POUNDS, REDUCED TO ?86420 BY LAND GRANT DEDUCTION. THEREFORE, SINCE YOU HAD BEEN PAID ORIGINALLY $528.90 AND ALLOWED $90.25 UNDER CERTIFICATE OF SETTLEMENT NO. 631219, FOR A TOTAL OF $619.15, THERE WAS FOUND DUE YOU THE SUM OF ?307 IN CERTIFICATE OF SETTLEMENT NO. 639042, BASED ON A GROSS RATE OF $1.18 PER 100 POUNDS FOR THE SHIPMENT FROM LEBANON, TENNESSEE, TO CAMP SHELBY, MISSISSIPPI.

ACCORDINGLY, SINCE IT APPEARS THAT THE CHARGES ARE NOW BASED ON THE PROPER RATES, YOUR CONTENTION WITH RESPECT TO THE EXTENSION OF THE TEN YEAR PERIOD HAS NOT BEEN CONSIDERED IN THIS DECISION, AND THE SETTLEMENT OF SEPTEMBER 23, 1955, IS SUSTAINED.