B-134883, JUL. 23, 1958

B-134883: Jul 23, 1958

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TO THE TEXAS AND PACIFIC RAILWAY COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 9. THE SOLE QUESTION AT ISSUE CONCERNS THE PROPER CLASSIFICATION OF THE VEHICLES INVOLVED IN THE SHIPMENTS AND THIS QUESTION IS NOW PENDING FOR DETERMINATION IN THE CASE OF THE ATCHISON. ACTION ON YOUR REQUEST FOR REVIEW WILL BE HELD IN ABEYANCE PENDING DETERMINATION OF THE ISSUE IN THE CITED COURT OF CLAIMS CASE WHICH WILL HAVE A MATERIAL BEARING ON THE DISPOSITION OF YOUR PRESENT CLAIM. YOUR CLAIM WILL BE GIVEN CONSIDERATION IN THE LIGHT OF THE ULTIMATE RULING IN THE COURT CASE.

B-134883, JUL. 23, 1958

TO THE TEXAS AND PACIFIC RAILWAY COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 9, 1958, FILE V 90- 42948, REQUESTING REVIEW OF OUR SETTLEMENT DATED APRIL 26, 1957, WHICH DISALLOWED YOUR CLAIM PER SUPPLEMENTAL BILL NO. F-42948-A FOR $305.04 ADDITIONAL FREIGHT CHARGES ON SHIPMENTS OF SO-CALLED HIGH SPEED TRACTORS FROM WESTWEGO, LOUISIANA, TO DEFENSE, TEXAS, IN MAY 1946.

THE SOLE QUESTION AT ISSUE CONCERNS THE PROPER CLASSIFICATION OF THE VEHICLES INVOLVED IN THE SHIPMENTS AND THIS QUESTION IS NOW PENDING FOR DETERMINATION IN THE CASE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY V. UNITED STATES, COURT OF CLAIMS NO. 356-56, WHICH HAS BEEN REFERRED TO THE INTERSTATE COMMERCE COMMISSION BY AN ORDER OF THE COURT DATED MAY 7, 1958.

ACCORDINGLY, ACTION ON YOUR REQUEST FOR REVIEW WILL BE HELD IN ABEYANCE PENDING DETERMINATION OF THE ISSUE IN THE CITED COURT OF CLAIMS CASE WHICH WILL HAVE A MATERIAL BEARING ON THE DISPOSITION OF YOUR PRESENT CLAIM. YOUR CLAIM WILL BE GIVEN CONSIDERATION IN THE LIGHT OF THE ULTIMATE RULING IN THE COURT CASE.