B-129279, APR. 1, 1957

B-129279: Apr 1, 1957

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TO ATLANTA AND SAINT ANDREWS BAY RAILWAY COMPANY: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 18. IN YOUR LETTER IT IS STATED THAT THE DISALLOWANCE WOULD HAVE BEEN PROPER IF THE SHIPMENT HAD CONSISTED OF MANHOLE COVERS. YOU CONTEND THAT THE SHIPMENT IN QUESTION IS DESCRIBED ON THE WAYBILL AS "BOAT HATCH COVERS" AND. THE CITED BILL OF LADING ON WHICH THIS SHIPMENT WAS TENDERED DESCRIBES THE ARTICLES AS "SHIP MANHOLE COVERS I.O.S.'. THE DESCRIPTION "MANHOLES" IS USED IN THE CITED PURCHASE ORDER AND CONTRACT TO DESCRIBE THE ARTICLES PURCHASED. THERE IS NO REASON TO ASSUME THAT THE DESCRIPTION "SHIP MANHOLE COVERS. " AS SHOWN IN THE BILL OF LADING IS INCORRECT. IN THE CIRCUMSTANCES YOU HAVE BEEN CORRECTLY PAID FOR THE TRANSPORTATION INVOLVED ON THE BASIS OF RATES APPLICABLE TO MANHOLE COVERS.

B-129279, APR. 1, 1957

TO ATLANTA AND SAINT ANDREWS BAY RAILWAY COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 18, 1956, FILE 11-UM 2044- B: JULY-55-C, REQUESTING REVIEW OF OUR SETTLEMENT DATED AUGUST 28, 1956, WHICH DISALLOWED YOUR CLAIM FOR $110.43 ADDITIONAL CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION OF MANHOLE COVERS UNDER GOVERNMENT BILL OF LADING MC 1341236.

IN YOUR LETTER IT IS STATED THAT THE DISALLOWANCE WOULD HAVE BEEN PROPER IF THE SHIPMENT HAD CONSISTED OF MANHOLE COVERS. YOU CONTEND THAT THE SHIPMENT IN QUESTION IS DESCRIBED ON THE WAYBILL AS "BOAT HATCH COVERS" AND, AS SUCH, COMES UNDER ITS OWN SPECIFIC ITEM IN THE CLASSIFICATION.

THE CITED BILL OF LADING ON WHICH THIS SHIPMENT WAS TENDERED DESCRIBES THE ARTICLES AS "SHIP MANHOLE COVERS I.O.S.' AND MAKES REFERENCE TO PURCHASE ORDER NO. PD-MC-45-47975-C, ISSUES UNDER CONTRACT NO. MCC-38272, MADE WITH THE INDUSTRIAL IRON AND STEEL PRODUCTS COMPANY, BROOKLYN, NEW YORK. THE DESCRIPTION "MANHOLES" IS USED IN THE CITED PURCHASE ORDER AND CONTRACT TO DESCRIBE THE ARTICLES PURCHASED, AND THERE IS NO REASON TO ASSUME THAT THE DESCRIPTION "SHIP MANHOLE COVERS," AS SHOWN IN THE BILL OF LADING IS INCORRECT. IN THE CIRCUMSTANCES YOU HAVE BEEN CORRECTLY PAID FOR THE TRANSPORTATION INVOLVED ON THE BASIS OF RATES APPLICABLE TO MANHOLE COVERS.