B-137119, FEB 12, 1959

B-137119: Feb 12, 1959

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 12. THIS AMOUNT WAS PAID ON VOUCHER NO. 115560. WAS ALSO CONTACTED. THEY HAVE NO KNOWLEDGE OF ANY ADDITIONAL PICK-UP. YOUR BILL NO. 143125 A WHICH WAS PAID IN THE NOVEMBER 1957 ACCOUNTS OF S. WAS ALSO COMPUTED ON THE BASIS OF 1. THE WEIGHT OF A SHIPMENT IS A QUESTION OF FACT. WHERE THERE IS A DISPUTE ON QUESTIONS OF FACT BETWEEN A CARRIER AND THE ADMINISTRATIVE OFFICE IT HAS BEEN A LONG-STANDING RULE OF THE ACCOUNTING OFFICERS OF THE GOVERNMENT TO ACCEPT THE ADMINISTRATIVE REPORT AS TRUE IN THE ABSENCE OF CONCLUSIVE EVIDENCE TO THE CONTRARY. 16 COMP. THE SETTLEMENT IS SUSTAINED.

B-137119, FEB 12, 1959

PRECIS-UNAVAILABLE

AERO MAYFLOWER TRANSIT CO., INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 12, 1958, REQUESTING A REVIEW OF OUR SETTLEMENT ACTION WHICH DISALLOWED YOUR CLAIM, PER SUPPLEMENTAL BILL NO. 143125, FOR $27.30 ADDITIONAL FREIGHT CHARGES ON A SHIPMENT OF HOUSEHOLD GOODS BELONGING TO SFC KENNETH J. MAYER AND TRANSPORTED FROM UTICA, NEW YORK, TO FORT BLISS AIR FORCE BASE, TEXAS, UNDER GOVERNMENT BILL OF LADING NO. AF-6854469.

FOR THIS SERVICE YOU ORIGINALLY CLAIMED $200.20 ON THE BASIS OF TRANSPORTING 1,100 POUNDS OF HOUSEHOLD GOODS A DISTANCE OF 2,137 MILES. THIS AMOUNT WAS PAID ON VOUCHER NO. 115560, IN THE SEPTEMBER 1957 ACCOUNTS OF S. GADDIS. THEREAFTER YOU SUBMITTED YOUR SUPPLEMENTAL BILL NO. 143125, DATED AUGUST 28, 1957, FOR $27.30 ALLEGEDLY DUE FOR HAULING AN ADDITIONAL 150 POUNDS ON THE SAME BILL OF LADING.

UPON RECEIPT OF YOUR LETTER OF AUGUST 12, 1958, WE WROTE THE ADMINISTRATIVE OFFICE CONCERNED TO ASCERTAIN THE CORRECTNESS OF YOUR ALLEGATION. HEADQUARTERS, ROME AIR MATERIAL AREA, GRIFFISS AIR FORCE BASE, NEW YORK, HAS ADVISED THAT IT HAS NO RECORD OF ANY ADDITIONAL WEIGHT BEING PICKED UP BY AERO MAYFLOWER IN THE AREA. THE LOCAL AGENCY FOR AERO MAYFLOWER AT UTICA, NEW YORK, WAS ALSO CONTACTED, AND THEY HAVE NO KNOWLEDGE OF ANY ADDITIONAL PICK-UP.

THE CONSIGNEE'S CERTIFICATE OF DELIVERY ON THE BILL OF LADING SHOWS RECEIPT AT DESTINATION OF 1,100 POUNDS. MOREOVER, YOUR BILL NO. 143125 A WHICH WAS PAID IN THE NOVEMBER 1957 ACCOUNTS OF S. GADDIS, CLAIMING $33 FOR STORAGE AND ACCESSORIAL SERVICE, WAS ALSO COMPUTED ON THE BASIS OF 1,100 POUNDS STORED IN TRANSIT AT EL PASO, AND 1,100 POUNDS HAULED TO THE RESIDENCE OF OWNER OF THE GOODS.

THE WEIGHT OF A SHIPMENT IS A QUESTION OF FACT, AND WHERE THERE IS A DISPUTE ON QUESTIONS OF FACT BETWEEN A CARRIER AND THE ADMINISTRATIVE OFFICE IT HAS BEEN A LONG-STANDING RULE OF THE ACCOUNTING OFFICERS OF THE GOVERNMENT TO ACCEPT THE ADMINISTRATIVE REPORT AS TRUE IN THE ABSENCE OF CONCLUSIVE EVIDENCE TO THE CONTRARY. 16 COMP. GEN. 325, 329; 37 ID. 696.

THEREFORE, ON THE BASIS OF THE PRESENT RECORD OUR SETTLEMENT ACTION HAS NOT BEEN SHOWN TO BE IN ERROR, AND THE SETTLEMENT IS SUSTAINED.