B-130190, SEP. 10, 1957

B-130190: Sep 10, 1957

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TO UNION PACIFIC RAILROAD COMPANY: REFERENCE IS MADE TO YOUR LETTERS OF DECEMBER 19. FOR THIS SERVICE YOU CLAIMED AND WERE PAID $3. OUR NOTICE OF OVERPAYMENT WAS COMPUTED ON THE BASIS OF A RATE OF $1.46 1/2 PER 100 POUNDS. THIS AMOUNT WAS COLLECTED BY DEDUCTION FROM A SUBSEQUENT BILL. UPON FURTHER DEVELOPMENT OF THE TRANSIT RECORD WE HAVE FOUND THAT THE INVOLVED TONNAGE WAS RESHIPPED. WILL BE STATED AGAINST THE SOUTHERN PACIFIC COMPANY.

B-130190, SEP. 10, 1957

TO UNION PACIFIC RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR LETTERS OF DECEMBER 19, 1956, AND AUGUST 16, 1957, FILE GW-117385, REQUESTING REVIEW OF OUR SETTLEMENT DATED SEPTEMBER 21, 1956 (CLAIM NO. TK-623207), WHICH DISALLOWED YOUR SUPPLEMENTAL BILL NO. TW-117385-A FOR ADDITIONAL CHARGES OF $338.21,ALLEGED TO BE DUE FOR THE TRANSPORTATION OF A SHIPMENT OF AMMUNITION FOR CANNON WITH EXPLOSIVE PROJECTILE FROM ILLIOPOLIS, ILLINOIS, TO WARNER, UTAH, FOR IN-TRANSIT STORAGE UNDER GOVERNMENT BILL OF LADING NO. WT-4162273, DURING MARCH 1944.

FOR THIS SERVICE YOU CLAIMED AND WERE PAID $3,282.50, COMPUTED ON THE BASIS OF A RATE OF $2.69 PER 100 POUNDS. IN OUR AUDIT ACTION OF JULY 2, 1954, WE REQUESTED A REFUND OF $339.69, BECAUSE OUR RECORDS SHOWED THAT 31,926 POUNDS OF TONNAGE PREVIOUSLY CONSIDERED AS TRANSIT TONNAGE HAD BEEN CANCELLED, THUS PERMITTING THE CHARGES ON THIS TONNAGE TO BE REDUCED BY LAND GRANT. OUR NOTICE OF OVERPAYMENT WAS COMPUTED ON THE BASIS OF A RATE OF $1.46 1/2 PER 100 POUNDS, LESS LAND GRANT, TO SALT LAKE CITY, UTAH, AND A RATE OF 28 CENTS PER 100 POUNDS BEYOND, PRODUCING A NET RATE OF $1.62401 PER 100 POUNDS TO BE APPLIED TO THE 31,926 POUNDS OF CANCELLED TONNAGE. UPON YOUR FAILURE TO REMIT VOLUNTARILY THE OVERPAYMENT OF $339.69, THIS AMOUNT WAS COLLECTED BY DEDUCTION FROM A SUBSEQUENT BILL. THE DIFFERENCE BETWEEN THE $339.69 DEDUCTED BY US AND THE $338.21 CLAIMED BY YOU RESULTED FROM THE ALLOWANCE MADE BY YOU FOR LAND GRANT IN COMPUTING THE CHARGES ON DUNNAGE WEIGHT.

UPON FURTHER DEVELOPMENT OF THE TRANSIT RECORD WE HAVE FOUND THAT THE INVOLVED TONNAGE WAS RESHIPPED, AS ASSERTED BY YOU, FROM THE TRANSIT POINT TO ARMY POINT, CALIFORNIA, BY THE SOUTHERN PACIFIC COMPANY UNDERGOVERNMENT BILL OF LADING NO. WV-5061630. OUR TRANSPORTATION DIVISION HAS RECOMPUTED THE CHARGES ON BILL OF LADING NO. WV-5061630, USING AS A BASIS A COMBINATION OF RATES OVER WARNER--- IN ORDER TO UTILIZE LAND-GRANT REDUCTIONS--- WHICH PRODUCES TOTAL THROUGH CHARGES OF $3,265.92. THE SUM OF THE TOTAL INBOUND AND OUTBOUND CHARGES PAID ON THIS MOVEMENT EXCEEDS THE THROUGH ASSESSABLE CHARGES BY $133.94. THEREFORE, A NOTICE OF OVERPAYMENT FOR $133.94, SHOWING IN DETAIL THE REVISED BASIS, WILL BE STATED AGAINST THE SOUTHERN PACIFIC COMPANY.