B-130108, FEB. 5, 1957

B-130108: Feb 5, 1957

Additional Materials:

Contact:

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

 

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

BURLINGTON AND QUINCY RAILROAD COMPANY: REFERENCE IS MADE TO YOUR REQUESTS FOR REVIEW OF OUR SETTLEMENT CERTIFICATES WHICH DISALLOWED YOUR CLAIMS ON SUPPLEMENTAL BILLS NOS. 29200A. ON WHICH CHARGES WERE COMPUTED IN OUR AUDIT AT A CLASS-A RATE. IT IS NOTED. THE QUESTION IN THIS MATTER IS SIMILAR TO THE ONE PENDING IN WESTERN MARYLAND R. UNTIL A FINAL JUDICIAL DETERMINATION IS MADE IN THOSE SUITS. FURTHER ACTION ON YOUR CLAIM WILL BE HELD IN ABEYANCE.

B-130108, FEB. 5, 1957

TO CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR REQUESTS FOR REVIEW OF OUR SETTLEMENT CERTIFICATES WHICH DISALLOWED YOUR CLAIMS ON SUPPLEMENTAL BILLS NOS. 29200A, 29204A, 29299A, 29305A AND 29325A FOR ADDITIONAL CHARGES ON VARIOUS SHIPMENTS OF AUTOMOBILE CHASSIS, KNOCKED-DOWN AND BOXED, ON WHICH CHARGES WERE COMPUTED IN OUR AUDIT AT A CLASS-A RATE, CONSISTENT WITH THE DETERMINATION OF THE INTERSTATE COMMERCE COMMISSION IN GRAFTON COAL COMPANY V. BALTIMORE AND OHIO R. CO., 280 I.C.C. 435.

IT NOW APPEARS TO BE YOUR CONTENTION THAT THE AMOUNTS CLAIMED SHOULD BE ALLOWED IN ACCORDANCE WITH THE CONCLUSIONS OF THE INTERSTATE COMMERCE COMMISSION IN AUGUST PLANTZ, INC. V. ATLANTIC AND EAST CAROLINA RAILWAY COMPANY ET AL., 278 I.C.C. 109, AND GREEN BROTHERS TRUCK SALES COMPANY V. BOSTON AND MAINE RAILROAD ET AL., 284 I.C.C. 281. THE ISSUE IN THOSE TWO CASES CONCERNED THE RATINGS AND RATES APPLICABLE ON COMPLETE MOTOR FREIGHT VEHICLES, SET UP, WHEREAS THE BILLS OF LADING INVOLVED IN THE PRESENT INSTANCE COVER CARLOAD SHIPMENTS OF BOXED CHASSIS, CABS, AND AXLES. OUR SETTLEMENTS PROPERLY GAVE EFFECT TO THE PRINCIPLE ESTABLISHED IN THE GRAFTON COAL CO. CASE, AND IN HARRISON CONSTRUCTION CO. V. PENNSYLVANIA R. CO., 280 I.C.C. 279. IT IS NOTED, HOWEVER, THE QUESTION IN THIS MATTER IS SIMILAR TO THE ONE PENDING IN WESTERN MARYLAND R. CO. V. UNITED STATES, C.CLS. NOS. 151-53 AND 449-54, AND UNTIL A FINAL JUDICIAL DETERMINATION IS MADE IN THOSE SUITS, FURTHER ACTION ON YOUR CLAIM WILL BE HELD IN ABEYANCE. IN THIS CONNECTION SEE UNITED STATES V. THE BEAUMONT, SOUR LAKE AND WESTERN RAILWAY COMPANY, INTERSTATE COMMERCE COMMISSION DOCKET NO. 31953, DECIDED DECEMBER 7, 1956, SUPPORTING THE POSITION OF THE GOVERNMENT AS TO THE APPLICATION OF THE PRINCIPLE IN THE GRAFTON COAL CO. AND THE HARRISON CONSTRUCTION CO. CASES.