B-136131, JUL. 28, 1958

B-136131: Jul 28, 1958

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TO CENTRAL OF GEORGIA RAILWAY COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 8. 000 POUNDS OF THE RICE WAS "FOR SHIPMENT TO U.K.'. 000 POUNDS WAS "FOR DELIVERY TO WAREHOUSE FOR NAAFI (NAVY. THERE IS NOTHING IN SECTION 4 WHICH SPECIFICALLY ALLOCATES ANY OF THE RISE COVERED BY REQUISITION UK-12443 FOR CIVIL USE. THE SUBJECT SETTLEMENT DOES NOT APPEAR TO BE IN ERROR AND IT IS SUSTAINED.

B-136131, JUL. 28, 1958

TO CENTRAL OF GEORGIA RAILWAY COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 8, 1958, FILE M 19280-G- A, REQUESTING REVIEW OF OUR SETTLEMENT OF APRIL 25, 1958, IN TK-635726, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL FREIGHT CHARGES OF $92.98, FOR THE TRANSPORTATION OF RICE FROM BAYNE, LOUISIANA, TO SAVANNAH, GEORGIA, UNDER GOVERNMENT BILL OF LADING NO. A-3257022, DURING MARCH 1943.

THIS SHIPMENT CONSISTED OF RICE PROCURED BY THE DEPARTMENT OF AGRICULTURE UNDER THE LEND-LEASE PROGRAM FOR THE BRITISH GOVERNMENT, PURSUANT TO UNITED KINGDOM REQUISITION NO. 12443. YOU ALLEGE THAT, BY REASON OF THE INFORMATION REFLECTED IN SECTION 4 OF THAT REQUISITION, WHICH INDICATES THAT 56,000,000 POUNDS OF THE RICE WAS "FOR SHIPMENT TO U.K.' AND THAT 224,000 POUNDS WAS "FOR DELIVERY TO WAREHOUSE FOR NAAFI (NAVY, ARMY, AND AIR FORCE INSTITUTES)," ONLY .99602 PERCENT OF THE SHIPMENT MOVED FOR MILITARY USE, AND 99.00398 PERCENT MOVED FOR CIVIL USE. HOWEVER, THERE IS NOTHING IN SECTION 4 WHICH SPECIFICALLY ALLOCATES ANY OF THE RISE COVERED BY REQUISITION UK-12443 FOR CIVIL USE. MOREOVER, SECTION 5, WHICH CONTAINS A JUSTIFICATION FOR THE REQUEST FOR THE LEND-LEASE GOODS, READS:

"FOR DISTRIBUTION BY THE MINISTRY OF FOOD AND NAVY, ARMY, AND AIR FORCE INSTITUTES TO HIS MAJESTY'S FORCES IN OVERSEAS THEATRES OF MILITARY OPERATIONS.'

THEREFORE, ON THE BASIS OF THE PRESENT RECORD, THE SUBJECT SETTLEMENT DOES NOT APPEAR TO BE IN ERROR AND IT IS SUSTAINED.