B-137444, AUG. 3, 1959

B-137444: Aug 3, 1959

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TO CENTRAL OF GEORGIA RAILWAY COMPANY: REFERENCE IS MADE TO YOUR LETTER OF JUNE 19. THE AMOUNT NOW CLAIMED BY YOU IS IN ADDITION TO THE AMOUNT ORIGINALLY PAID TO YOU FOR THE TRANSPORTATION OF THESE USED TRUCKS FROM NEBO. OUR PRIOR DECISIONS ARE AFFIRMED AND YOU ARE INFORMED THAT THIS MATTER MUST BE CONSIDERED BY THIS OFFICE AS CLOSED AND THE RECORD WILL BE FILED WITHOUT FURTHER ACTION.

B-137444, AUG. 3, 1959

TO CENTRAL OF GEORGIA RAILWAY COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 19, 1959, FILE N-62117-G-A, REQUESTING THE FURTHER CONSIDERATION OF OUR DECISIONS OF JANUARY 28, 1959, AND JUNE 10, 1959, B-137444, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR $921.94. THE AMOUNT NOW CLAIMED BY YOU IS IN ADDITION TO THE AMOUNT ORIGINALLY PAID TO YOU FOR THE TRANSPORTATION OF THESE USED TRUCKS FROM NEBO, CALIFORNIA, TO AUGUSTA, GEORGIA, IN SEPTEMBER 1952.

YOUR PRESENT SUBMISSION QUOTES AT LENGTH FROM THE CASE OF UNITED STATES V. MISSOURI-KANSAS-TEXAS R. CO., 194 F.2D 777, WHICH YOU URGE SUPPORTS YOUR ASSERTION THAT ITEM 5745 OF TRANS-CONTINENTAL FREIGHT BUREAU TARIFF NO. 2-R APPLIES ONLY ON "BRIDGE BUILDERS, CONTRACTORS OR GRADERS OUTFITS.' YOU ASSERT FURTHER, THAT OUR DECISION FAILED TO COMPARE THIS ITEM WITH THE COMMODITY DESCRIPTION FOR FREIGHT AUTOMOBILES IN ITEM 6820 OF THAT TARIFF AND URGE THAT THE SETUP OF THIS ITEM DOES NOT WARRANT THE CONCLUSION REACHED BY OUR OFFICE.

YOUR LETTER PRESENTS NOTHING WHICH HAS NOT BEEN CONSIDERED PREVIOUSLY AT YOUR REQUEST IN CONNECTION WITH THE RECORD OF THE PAYMENT OF THE TRANSPORTATION CHARGES ON THIS SHIPMENT. FURTHER, NO REASON HAS BEEN FOUND FOR CHARGING OUR CONCLUSION WITH RESPECT TO THE APPLICATION OF THIS TARIFF ITEM. ACCORDINGLY, OUR PRIOR DECISIONS ARE AFFIRMED AND YOU ARE INFORMED THAT THIS MATTER MUST BE CONSIDERED BY THIS OFFICE AS CLOSED AND THE RECORD WILL BE FILED WITHOUT FURTHER ACTION.