B-135660, JUN. 11, 1958
Highlights
TO COAST COUNTIES EXPRESS: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 19. IT IS YOUR CONTENTION THAT THE MATERIAL COVERED BY THESE BILLS OF LADING WAS NOT AVAILABLE TO YOU AT ONE TIME AS A SINGLE VOLUME SHIPMENT AND YOU REFER TO YOUR LETTER OF SEPTEMBER 11. IN FACT COVERED A SHIPMENT WHICH WAS LOADED ON JANUARY 19. WAS LOADED THE PREVIOUS DAY. THAT WHEN YOU WERE CALLED TO LOAD THIS MATERIAL TWO TRUCKS WERE ORDERED. THE SOURCE OF YOUR INFORMATION IS NOT STATED BUT WE CAN FIND NO SUPPORT FOR THESE ALLEGATIONS IN THE DOCUMENTARY RECORD NOW BEFORE US. EACH OF THE BILLS OF LADING BEARS THE APPARENT SIGNATURE OF AN AGENT OF COAST COUNTIES EXPRESS AND THE DATE OF RECEIPT OF THE SHIPMENT IS SHOWN IN EACH BILL OF LADING.
B-135660, JUN. 11, 1958
TO COAST COUNTIES EXPRESS:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 19, 1958, CONCERNING YOUR CLAIM FOR $22.37 ADDITIONAL FREIGHT CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION OF GOVERNMENT PROPERTY FROM LYOTH TO SAN RAFAEL, CALIFORNIA, UNDER BILLS OF LADING WY-1773428 AND WY-1773431 IN JANUARY 1954. IT IS YOUR CONTENTION THAT THE MATERIAL COVERED BY THESE BILLS OF LADING WAS NOT AVAILABLE TO YOU AT ONE TIME AS A SINGLE VOLUME SHIPMENT AND YOU REFER TO YOUR LETTER OF SEPTEMBER 11, 1957, AS OUTLINING IN DETAIL THE FACTS AS YOUR INVESTIGATION DETERMINED THEM.
IN THAT LETTER YOU STATED THAT BILL OF LADING WY-1773428, ALTHOUGH ISSUED TO COVER THE FIRST PART OF THE SHIPMENT, IN FACT COVERED A SHIPMENT WHICH WAS LOADED ON JANUARY 19, 1954. YOU STATED ALSO THAT THE PARTIAL SHIPMENT, COVERED BY BILL OF LADING WY-1773431, WAS LOADED THE PREVIOUS DAY, JANUARY 18, 1954; AND THAT WHEN YOU WERE CALLED TO LOAD THIS MATERIAL TWO TRUCKS WERE ORDERED, ONE TO LOAD THE 18TH, AND ONE TO LOAD THE 19TH.
THE SOURCE OF YOUR INFORMATION IS NOT STATED BUT WE CAN FIND NO SUPPORT FOR THESE ALLEGATIONS IN THE DOCUMENTARY RECORD NOW BEFORE US. EACH OF THE BILLS OF LADING BEARS THE APPARENT SIGNATURE OF AN AGENT OF COAST COUNTIES EXPRESS AND THE DATE OF RECEIPT OF THE SHIPMENT IS SHOWN IN EACH BILL OF LADING, APPARENTLY IN THE AGENT'S OWN HANDWRITING, AS JANUARY 18, 1954. FURTHERMORE, THE CONSIGNEE'S CERTIFICATE OF DELIVERY IN EACH BILL OF LADING SHOWS THE DELIVERY DATE AS JANUARY 19, 1954. IN RESPONSE TO OUR INQUIRY CONCERNING THE DETAILS OF THIS SHIPMENT, THE MILITARY TRAFFIC MANAGEMENT AGENCY INFORMED US THAT ITS RECORD INDICATE THAT "THE ENTIRE SHIPMENT WAS TENDERED AND AVAILABLE TO THE CARRIER AT ONE TIME AS A SINGLE VOLUME SHIPMENT," AND THAT ,BOTH SHIPMENTS WERE SIGNED FOR BY THE CARRIER ON ONE DAY.' ALSO, A COPY OF A MESSAGE SENT TO THE SHARPE GENERAL DEPOT, LATHROP, CALIFORNIA, BY THE ARMY FOURTH TRANSPORTATION ZONE OFFICE, SALT LAKE CITY, UTAH, COVERING THE ALLOCATION OF THIS SHIPMENT TO COAST COUNTIES EXPRESS, CLEARLY SHOWS THAT ONLY A VOLUME SHIPMENT WAS CONTEMPLATED.
FROM THE RECORD NOW BEFORE US, WE MUST CONCLUDE THAT ALL OF THE PROPERTY INVOLVED WAS TENDERED TO AND ACCEPTED BY COAST COUNTIES EXPRESS ON JANUARY 18, 1954, AND DELIVERED AT DESTINATION ON JANUARY 19, 1954. ACCORDINGLY, THE SETTLEMENT DISALLOWING YOUR CLAIM IS SUSTAINED.