B-132839, JUL. 6, 1959

B-132839: Jul 6, 1959

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INC.: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 27. YOUR CLAIM WAS DISALLOWED BECAUSE AT THE TIME THIS SHIPMENT MOVED TWO SETS OF RATES WERE AVAILABLE IN INDEPENDENT MOVERS' AND WAREHOUSEMEN'S ASSOCIATION. IN ADHERENCE TO THE WELL ESTABLISHED RULE THAT WHERE TWO RATES ARE AVAILABLE FOR THE SAME SERVICE A SHIPPER IS ENTITLED TO APPLY THE LOWER RATE. YOU URGE THAT TWO SETS OF RATES FOR THE SERVICE PERFORMED WERE NOT AVAILABLE IN TARIFF NO. 7. SIMILAR OBJECTIONS TO THOSE MADE BY YOU WERE RAISED BY MOVERS' AND WAREHOUSEMEN'S ASSOCIATION OF AMERICA. THEY WERE CONSIDERED AND ANSWERED IN OUR DECISION OF MAY 12. SINCE YOU HAVE ADVANCED NOTHING IN SUPPORT OF YOUR CONTENTION WHICH WE HAVE NOT ALREADY CONSIDERED IN THE DECISION TO YOU OF SEPTEMBER 5.

B-132839, JUL. 6, 1959

TO THE NORTH AMERICAN VAN LINES, INC.:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 27, 1959, FILE C-37016, REQUESTING RECONSIDERATION OF OUR DECISION DATED SEPTEMBER 5, 1958, B 132839, PERTAINING TO YOUR BILL NO. C-37016, COVERING FREIGHT CHARGES ON A SHIPMENT OF HOUSEHOLD EFFECTS TRANSPORTED FROM NORFOLK, VIRGINIA, TO MONTCLAIR, NEW JERSEY, UNDER GOVERNMENT BILL OF LADING N-31162049, DATED APRIL 11, 1953.

YOUR CLAIM WAS DISALLOWED BECAUSE AT THE TIME THIS SHIPMENT MOVED TWO SETS OF RATES WERE AVAILABLE IN INDEPENDENT MOVERS' AND WAREHOUSEMEN'S ASSOCIATION, INC., AGENT, TARIFF NO. 7, MF-I.C.C. NO. 21, FOR STORAGE-IN- TRANSIT AND PICK-UP OR DELIVERY (HANDLING OR HAULING FROM STORAGE) SERVICE, AND WE USED THE LOWER RATE PROVIDED IN ITEM 80-B OF THE TARIFF, AS SUPPLEMENTED, IN ADHERENCE TO THE WELL ESTABLISHED RULE THAT WHERE TWO RATES ARE AVAILABLE FOR THE SAME SERVICE A SHIPPER IS ENTITLED TO APPLY THE LOWER RATE.

YOU URGE THAT TWO SETS OF RATES FOR THE SERVICE PERFORMED WERE NOT AVAILABLE IN TARIFF NO. 7, AS SUPPLEMENTED. SIMILAR OBJECTIONS TO THOSE MADE BY YOU WERE RAISED BY MOVERS' AND WAREHOUSEMEN'S ASSOCIATION OF AMERICA, INC., IN BEHALF OF SEVERAL CARRIERS IN CONNECTION WITH TARIFF NO. 7. THEY WERE CONSIDERED AND ANSWERED IN OUR DECISION OF MAY 12, 1959, B- 137919, COPY ENCLOSED. SINCE YOU HAVE ADVANCED NOTHING IN SUPPORT OF YOUR CONTENTION WHICH WE HAVE NOT ALREADY CONSIDERED IN THE DECISION TO YOU OF SEPTEMBER 5, 1958, AS AMPLIFIED BY THE DECISION OF MAY 12, 1959, OUR PRIOR CONCLUSION IS AFFIRMED.