B-137925, APR. 18, 1963

B-137925: Apr 18, 1963

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TO LOUISIANA AND ARKANSAS RAILWAY COMPANY: WE HAVE CONSIDERED YOUR REQUEST PER FILE LA BILL 11541B 11/45 FOR RECONSIDERATION OF THE ALLOWABLE CHARGE BASIS. THE SHIPMENTS IN QUESTION WERE SETTLED ON THE BASIS OF A THROUGH COMMODITY RATE ON BOXED AUTOMOBILES. IN YOUR REQUEST FOR RECONSIDERATION YOU REFER TO INTERSTATE COMMERCE COMMISSION "DOCKETS 29928-29932" AND STATE THAT IN THOSE PROCEEDINGS THE COMMISSION UPHELD THE CARRIERS' CONTENTION THAT THE APPLICABLE CLASS RATE OF FREIGHT AUTOMOBILES WAS SECOND CLASS. THAT TRANSIT IS NOT APPLICABLE AT SPRINGFIELD. THE INTERSTATE COMMERCE COMMISSION DOCKETS TO WHICH YOU REFER WERE CONSOLIDATED WITH DOCKET NO. 32114. THE CITED CASES ARE NOT GERMANE TO THIS CASE.

B-137925, APR. 18, 1963

TO LOUISIANA AND ARKANSAS RAILWAY COMPANY:

WE HAVE CONSIDERED YOUR REQUEST PER FILE LA BILL 11541B 11/45 FOR RECONSIDERATION OF THE ALLOWABLE CHARGE BASIS, SUSTAINED IN OUR DECISION OF MAY 29, 1959, B-137925, ON SHIPMENTS OF FREIGHT AUTOMOBILES ORIGINATING AT ST. LOUIS, MISSOURI, ACCORDED TRANSIT PRIVILEGES AT SPRINGFIELD, ILLINOIS, AND SHREVEPORT, LOUISIANA, AND FORWARDED TO NEW ORLEANS, LOUISIANA, FOR EXPORT.

THE SHIPMENTS IN QUESTION WERE SETTLED ON THE BASIS OF A THROUGH COMMODITY RATE ON BOXED AUTOMOBILES, PLUS TRANSIT AND BACK-HAUL CHARGES. IN YOUR REQUEST FOR RECONSIDERATION YOU REFER TO INTERSTATE COMMERCE COMMISSION "DOCKETS 29928-29932" AND STATE THAT IN THOSE PROCEEDINGS THE COMMISSION UPHELD THE CARRIERS' CONTENTION THAT THE APPLICABLE CLASS RATE OF FREIGHT AUTOMOBILES WAS SECOND CLASS. YOU ALSO CONTINUE TO MAINTAIN THE POSITION, FULLY CONSIDERED IN OUR DECISION MAY 29, 1959, THAT TRANSIT IS NOT APPLICABLE AT SPRINGFIELD, ILLINOIS.

THE INTERSTATE COMMERCE COMMISSION DOCKETS TO WHICH YOU REFER WERE CONSOLIDATED WITH DOCKET NO. 32114, UNITED STATES V. CHESAPEAKE AND OHIO RAILWAY COMPANY, 311 I.C.C. 521, AND THE ISSUE IN THOSE CASES CONCERNED THE REASONABLENESS OF THE THIRD-CLASS RATING ON FREIGHT CHASSIS, KNOCKED DOWN AND BOXED IN TWIN UNIT PACKS, WHEREAS THE PRESENT CASE INVOLVES SHIPMENTS OF FREIGHT AUTOMOBILES, SINGLE UNIT PACK.

THE CITED CASES ARE NOT GERMANE TO THIS CASE, AS WE PREVIOUSLY CONCLUDED, CONTRARY TO YOUR POSITION, THE TRANSIT PRIVILEGE WAS AVAILABLE AT SPRINGFIELD UNDER THE TERMS OF THE SECTION 22 QUOTATION INVOLVED, AND THE COMMODITY RATE USED IN COMPUTING THE ALLOWABLE CHARGES IS APPLICABLE. ACCORDINGLY, THE CONCLUSION REACHED IN OUR DECISION OF MAY 29, 1959, SUSTAINING THE DISALLOWANCE OF YOUR CLAIM, IS AFFIRMED.