B-134259, MAR. 27, 1958
Highlights
TO THE CENTRAL OF GEORGIA RAILWAY COMPANY: REFERENCE IS MADE TO YOUR LETTERS OF OCTOBER 23 AND 25. THE CLOTHING WAS LEND-LEASE PROPERTY PROCURED UNDER LEND-LEASE REQUISITION NO. YOUR CLAIM WAS DISALLOWED ON THE BASIS THAT THE PROPERTY WAS MOVING FOR 100 PERCENT MILITARY USE. THE RECORD NOW ESTABLISHES THAT CLOTHING INVOLVED WAS PROPERTY MOVING ONLY FOR CIVIL USE AND. SETTLEMENT WILL BE MADE IN YOUR FAVOR ON SUPPLEMENTAL BILL NO. 39706-A. WAS LEND-LEASE PROPERTY PROCURED UNDER LEND- LEASE REQUISITION NO. YOUR CLAIMS WERE SETTLED ON THE BASIS THAT THE PROPERTY WAS MOVING FOR 93 PERCENT MILITARY USE AND 7 PERCENT CIVIL USE. WHICH WAS PROCURED UNDER REQUISITION NO. WAS MOVING FOR 100 PERCENT CIVIL USE.
B-134259, MAR. 27, 1958
TO THE CENTRAL OF GEORGIA RAILWAY COMPANY:
REFERENCE IS MADE TO YOUR LETTERS OF OCTOBER 23 AND 25, 1957, FILE NOS. N -39706-G-A AND N-28774-G-A, REQUESTING REVIEW OF THE AUDIT ACTION TAKEN ON YOUR BILL NO. 39706-A AND BILLS NOS. 28774-A AND 28774 B, RESPECTIVELY.
ON YOUR SUPPLEMENTAL BILL NO. 39706-A YOU CLAIMED $22.07 ADDITIONAL FREIGHT CHARGES FOR TRANSPORTING A SHIPMENT OF CLOTHING FROM LOUISVILLE, KENTUCKY, TO SAVANNAH, GEORGIA, UNDER GOVERNMENT BILL OF LADING NO. DA-TPS -1027370. THE CLOTHING WAS LEND-LEASE PROPERTY PROCURED UNDER LEND-LEASE REQUISITION NO. CF-711. YOUR CLAIM WAS DISALLOWED ON THE BASIS THAT THE PROPERTY WAS MOVING FOR 100 PERCENT MILITARY USE. HOWEVER, THE RECORD NOW ESTABLISHES THAT CLOTHING INVOLVED WAS PROPERTY MOVING ONLY FOR CIVIL USE AND, CONSISTENT WITH THAT VIEW, SETTLEMENT WILL BE MADE IN YOUR FAVOR ON SUPPLEMENTAL BILL NO. 39706-A.
THE PROPERTY INVOLVED IN THE SHIPMENTS COVERED BY YOUR SUPPLEMENTAL BILLS NOS. 288774-A, AND 28774-A, WAS LEND-LEASE PROPERTY PROCURED UNDER LEND- LEASE REQUISITION NO. UK-19000. YOUR CLAIMS WERE SETTLED ON THE BASIS THAT THE PROPERTY WAS MOVING FOR 93 PERCENT MILITARY USE AND 7 PERCENT CIVIL USE. YOU CONTEND THAT AN ADDITIONAL 28 PERCENT ALLOCATED FOR "SHIPYARD PLANT AND CONSTRUCTION" SHOULD ALSO BE CONSIDERED AS MOVING FOR CIVIL USE. IN SUPPORT OF YOUR POSITION YOU RELY UPON OUR SETTLEMENT OF YOUR SUPPLEMENTAL BILL NO. 23080-A-G-R-1245 9, WHICH YOU CONTEND INVOLVED AN IDENTICAL CLAIM. WE GAVE EFFECT TO A DETERMINATION THAT THE PROPERTY THERE INVOLVED, WHICH WAS PROCURED UNDER REQUISITION NO. UK-14924, WAS MOVING FOR 100 PERCENT CIVIL USE.
THE RECORD SHOWS THAT THE INTENDED USE OF SUPPLIES PROCURED UNDER REQUISITION NO. UK-14924 WAS ,FOR THE CONSTRUCTION OF TOOL HANDLES," WITHOUT ANY INDICATION OF ANY DIRECT MILITARY OR NAVAL USE. IN THE CIRCUMSTANCES IT WAS ADMINISTRATIVELY DETERMINED THAT LAND-GRANT DEDUCTIONS WERE NOT JUSTIFIED ON SHIPMENTS INVOLVING PROPERTY FURNISHED UNDER REQUISITION NO. UK-14924, AND OUR SETTLEMENT OF YOUR SUPPLEMENTAL BILL NO. 23080-A-G-R-1245-9 WAS CONSISTENT WITH SUCH DETERMINATION. THE SUPPLIES PROCURED UNDER REQUISITION NO. UK-19000, ON THE OTHER HAND, WERE INTENDED FOR USE BY "ARMY, NAVY, AIR, (AND) OTHER," AND THE END USES ARE SHOWN AS 55 PERCENT FOR ,AMMUNITIION BOXES," 10 PERCENT FOR "BARRACK EQUIPMENT AND STORES," 28 PERCENT FOR "SHIPYARD PLANT AND CONSTRUCTION," AND 7 PERCENT FOR "ESSENTIAL HOME INDUSTRIES.' SINCE THE RECORD INDICATED THAT ONLY 7 PERCENT OF THE PROPERTY PROCURED UNDER REQUISITION NO. UK- 19000 WAS INTENDED FOR CIVIL USE AND THAT THE BALANCE WAS INTENDED TO MEET THE NEEDS OF THE ARMED FORCES, IT WAS ADMINISTRATIVELY DETERMINED THAT 93 PERCENT OF THE MATERIAL INVOLVED UNDER THIS REQUISITION WAS MILITARY OR NAVAL PROPERTY MOVING FOR MILITARY OR NAVAL USE. SUCH A DETERMINATION WAS CONSISTENT WITH THE CLASSIFICATION APPORTIONMENT AGREED UPON BY THE PARTIES FOR THIS PARTICULAR REQUISITION IN THE STIPULATION FILED IN THE CASE OF ATLANTIC COAST LINE RAILROAD COMPANY V. UNITED STATES, COURT OF CLAIMS NO. 48900.
FOR THE REASONS GIVEN ABOVE, THE SETTLEMENT OF YOUR SUPPLEMENTAL BILLS NOS. 28774-A AND 28774-A WAS PROPER AND, ACCORDINGLY, IS SUSTAINED.