B-128708, JUL. 9, 1957

B-128708: Jul 9, 1957

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TO ILLINOIS CENTRAL RAILROAD COMPANY: REFERENCE IS MADE TO YOUR LETTER OF MAY 7. 075.09 FOUND TO HAVE BEEN MADE ON YOUR BILLS AFR-24559 AND AFR-24910 FOR THE TRANSPORTATION OF VARIOUS SHIPMENTS OF FREIGHT VEHICLES FROM PANHANDLE. IN THE DECISION YOU WERE INFORMED THAT THE OVERPAYMENTS OF $6. THESE OVERPAYMENTS WERE COLLECTED IN MAKING PAYMENT OF AMOUNTS OTHERWISE DUE YOU ON YOUR BILLS AFR-43768 AND AFR 43769. WAS A COPY OF A LETTER DATED FEBRUARY 1. " IN WHICH IT IS STATED: "WE DO NOT CONSIDER PANHANDLE. COLORADO WHEN ROUTING IS VIA CB AND Q TO KANSAS CITY. THE ROUTE DEMANDED BY THE GOVERNMENT IS UNREASONABLY CIRCUITOUS AND WHILE NO BACK-HAUL IS INVOLVED. NEBRASKA WHICH IS NOT A NORMAL OPERATING ROUTE BETWEEN THE POINTS INVOLVED.

B-128708, JUL. 9, 1957

TO ILLINOIS CENTRAL RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF MAY 7, 1957, FILE G-AFR-24559-A WAG, G-AFR-24910-A-WAG, IN WHICH YOU REQUEST FURTHER CONSIDERATION OF THE DECISION OF NOVEMBER 7, 1956 (B-128708), WHICH SUSTAINED NOTICES OF OVERPAYMENTS OF $6,763.20 AND $2,075.09 FOUND TO HAVE BEEN MADE ON YOUR BILLS AFR-24559 AND AFR-24910 FOR THE TRANSPORTATION OF VARIOUS SHIPMENTS OF FREIGHT VEHICLES FROM PANHANDLE, NEBRASKA, TO NEW ORLEANS, LOUISIANA, FOR EXPORT TO EUROPE, IN 1952. IN THE DECISION YOU WERE INFORMED THAT THE OVERPAYMENTS OF $6,965.26 (WHICH INCLUDED $202.06 ON A SHIPMENT OF FROZEN POULTRY) AND $2,075.09 SHOULD BE REMITTED WITHIN A REASONABLE TIME, OTHERWISE RECOVERY WOULD BE MADE BY APPROPRIATE MEANS. THESE OVERPAYMENTS WERE COLLECTED IN MAKING PAYMENT OF AMOUNTS OTHERWISE DUE YOU ON YOUR BILLS AFR-43768 AND AFR 43769, RESPECTIVELY.

TRANSMITTED WITH YOUR REQUEST FOR FURTHER CONSIDERATION OF THE DECISION OF NOVEMBER 7, 1956 (B-128708), WAS A COPY OF A LETTER DATED FEBRUARY 1, 1956, FILE K-12.2153.19, FROM THE CHICAGO, BURLINGTON AND QUINCY RAILROAD TO THE KANSAS CITY SOUTHERN RAILWAY CONCERNING RATES ON FOUR CARLOADS OF FREIGHT AUTOMOBILES TRANSPORTED FROM PANHANDLE, NEBRASKA, TO BEAUMONT, TEXAS, FOR EXPORT, ROUTED VIA "CB AND Q-KANSAS CITY-KCS," IN WHICH IT IS STATED:

"WE DO NOT CONSIDER PANHANDLE, NEBRASKA INTERMEDIATE FROM DERBY OR DENVER, COLORADO WHEN ROUTING IS VIA CB AND Q TO KANSAS CITY, MISSOURI THENCE CONNECTIONS. THE ROUTE DEMANDED BY THE GOVERNMENT IS UNREASONABLY CIRCUITOUS AND WHILE NO BACK-HAUL IS INVOLVED, IT WOULD REQUIRE OUR HANDLING THE TRAFFIC THROUGH ALLIANCE, NEBRASKA WHICH IS NOT A NORMAL OPERATING ROUTE BETWEEN THE POINTS INVOLVED.

"THE INTERSTATE COMMERCE COMMISSION HAS SAID THAT FOR THE PURPOSE OF INVOKING AN INTERMEDIATE RULE, NO SHIPPER MAY REASONABLY REQUEST TRANSPORTATION OVER A ROUTE THAT IS EXCESSIVELY CIRCUITOUS AND UNNATURAL, SEE 140-ICC-423, 129-ICC-281 AND 142-ICC-550.'

HOWEVER, THE QUESTIONS THUS PRESENTED ARE THE SAME AS THOSE RAISED IN YOUR ORIGINAL REQUEST FOR REVIEW, AND ALL WERE CONSIDERED IN THE DECISION OF NOVEMBER 7, 1956. NO NEW QUESTIONS HAVE BEEN RAISED OR AUTHORITIES CITED FOR CONSIDERATION.

ACCORDINGLY, THE CONCLUSION REACHED IN THE DECISION OF NOVEMBER 7, 1956, IS AFFIRMED.