B-128863, AUG. 24, 1956

B-128863: Aug 24, 1956

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LAURIE: REFERENCE IS MADE TO YOUR LETTER OF JULY 20. THE TRANSPORTATION CHARGES WERE BILLED AND PAID ON THE BASIS OF 16. WHEN THESE BILLS WERE REACHED IN THE REAUDIT UNDERTAKEN BY OUR TRANSPORTATION DIVISION OUR FILES CONTAINED NO TARIFF COVERING THIS SERVICE PUBLISHED BY LOUIS A. NOR WAS HE SHOWN AS A PARTICIPANT IN ANY MOTOR CARRIER TARIFF PUBLISHING RATES ON ASBESTOS FIBRE BETWEEN THESE POINTS. THE BILLS OF LADING WERE NOTED "EXCLUSIVE USE OF TRUCK - RULE 29. THE AUDIT WAS NECESSARILY MADE IN ACCORDANCE WITH THE TERMS OF RULE 29. THIEVON WAS ASKED TO REFUND THE RESULTING OVERPAYMENTS. THE MATTER COULD HAVE BEEN TERMINATED SHORTLY THEREAFTER. THERE IS NO LONGER ANY QUESTION AS TO THE PROPRIETY OF THE PAID CHARGES AND OUR REQUESTS FOR REFUND OF THE ALLEGED OVERPAYMENTS HAVE BEEN WITHDRAWN.

B-128863, AUG. 24, 1956

TO MR. OSCAR F. LAURIE:

REFERENCE IS MADE TO YOUR LETTER OF JULY 20, 1956, CONCERNING TRANSPORTATION SERVICES FURNISHED BY YOUR CLIENT, MR. LOUIS A. THIEVON.

BILLS OF LADING WT-73212 AND WT-73213, BOTH DATED JULY 5, 1943, COVERED, IN EACH INSTANCE, A SHIPMENT OF 400 BAGS OF "FIBRE ASBESTOS," WEIGHING "16,000 POUNDS NET," FROM MILLINGTON, NEW JERSEY, TO PITTSBURGH, PENNSYLVANIA. THE TRANSPORTATION CHARGES WERE BILLED AND PAID ON THE BASIS OF 16,400 POUNDS PER BILL OF LADING AT $1.21 PER 100 POUNDS. WHEN THESE BILLS WERE REACHED IN THE REAUDIT UNDERTAKEN BY OUR TRANSPORTATION DIVISION OUR FILES CONTAINED NO TARIFF COVERING THIS SERVICE PUBLISHED BY LOUIS A. THIEVON, NOR WAS HE SHOWN AS A PARTICIPANT IN ANY MOTOR CARRIER TARIFF PUBLISHING RATES ON ASBESTOS FIBRE BETWEEN THESE POINTS. HOWEVER, THE BILLS OF LADING WERE NOTED "EXCLUSIVE USE OF TRUCK - RULE 29," APPARENTLY REFERRING TO THE PROVISION IN RULE 29 OF MIDDLE ATLANTIC STATES MOTOR CARRIER CONFERENCE, INC. FREIGHT TARIFF NO. 10-C, MF-I.C.C. NO. A- 106, FOR UNSCHEDULED, EXPEDITED SERVICE AT AUTHORIZED TARIFF RATES SUBJECT TO A MINIMUM CHARGE OF 10,000 POUNDS AT THE APPLICABLE FIRST CLASS RATE. IN VIEW OF THE LACK OF INFORMATION AS TO THE APPLICABLE TARIFF AUTHORITY FOR THE CHARGES AND THIS NOTATION ON THE BILLS OF LADING, THE AUDIT WAS NECESSARILY MADE IN ACCORDANCE WITH THE TERMS OF RULE 29, AND IN AUGUST 1953, MR. THIEVON WAS ASKED TO REFUND THE RESULTING OVERPAYMENTS. IF MR. THIEVON HAD, IN RESPONSE TO OUR NOTICE OF OVERPAYMENT, FURNISHED US A REFERENCE TO THE SPECIAL EMERGENCY TARIFF ISSUED FOR THE TRANSPORTATION INVOLVED, THE MATTER COULD HAVE BEEN TERMINATED SHORTLY THEREAFTER.

UPON RECEIPT OF THE INFORMATION IN YOUR LETTER OF JULY 20 THAT TARIFF NO MF-I.C.C. NO. W-1, ISSUED JULY 5, 1943, PUBLISHING THE RATE APPLIED ON THIS TRAFFIC, HAD BEEN FILED WITH THE INTERSTATE COMMERCE COMMISSION, OUR TRANSPORTATION DIVISION OBTAINED COPIES OF THE TARIFF. IN VIEW OF ITS PROVISIONS, THERE IS NO LONGER ANY QUESTION AS TO THE PROPRIETY OF THE PAID CHARGES AND OUR REQUESTS FOR REFUND OF THE ALLEGED OVERPAYMENTS HAVE BEEN WITHDRAWN.