B-143224, B-148099, JUL. 31, 1962

B-143224,B-148099: Jul 31, 1962

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INC.: FURTHER REFERENCE IS MADE TO YOUR TWO LETTERS DATED FEBRUARY 15. THREE BOXES OF ELECTRICAL GENERATORS WERE RECEIVED AT SAN DIEGO. DELIVERY WAS MADE AT KELLY AIR FORCE BASE. THE BILL OF LADING IS FURTHER ANNOTATED TO INDICATE A REQUEST FOR EXCLUSIVE-USE SERVICE. THAT THE REQUESTED SERVICE WAS NOT IN FACT PERFORMED. FOR THIS REASON YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT CERTIFICATE OF JUNE 22. ASKING WHY THAT OFFICE WAS OF THE OPINION THAT EXCLUSIVE USE HAD NOT BEEN ACCORDED THE SUBJECT SHIPMENT. AS FOLLOWS: "THE RECORDS INDICATE THIS SHIPMENT WAS LOADED IN YOUR VEHICLE T 674. THE EXCLUSIVE USE THEREOF WAS REQUESTED BY THE SHIPPER. THE RECORDS FURTHER INDICATE THE SHIPMENT WAS NOT DELIVERED IN THE SAME VEHICLE.

B-143224, B-148099, JUL. 31, 1962

TO SOUTHERN PLAZA EXPRESS, INC.:

FURTHER REFERENCE IS MADE TO YOUR TWO LETTERS DATED FEBRUARY 15, 1962, FILES O/C G1365-49 AND O/C G1816-59, BY WHICH YOU REQUESTED A REVIEW OF THE ACTION TAKEN BY OUR TRANSPORTATION DIVISION ON TWO OF YOUR CLAIMS FOR PREMIUM CHARGES BASED ON THE ALLEGED PERFORMANCE OF EXCLUSIVE-USE-OF- VEHICLE SERVICES FOR SHIPMENTS COVERED BY GOVERNMENT BILLS OF LADING AF- 6992603 AND A-1198153.

BILL OF LADING AF-6992603 INDICATES ON ITS FACE THAT ON JANUARY 25, 1957, THREE BOXES OF ELECTRICAL GENERATORS WERE RECEIVED AT SAN DIEGO, CALIFORNIA, BY THE ORIGIN CARRIER, WESTERN TRUCK LINES, LTD., AND DELIVERY WAS MADE AT KELLY AIR FORCE BASE, TEXAS, ON JANUARY 29, 1957, BY SOUTHERN PLAZA EXPRESS AS DESTINATION CARRIER. THE BILL OF LADING IS FURTHER ANNOTATED TO INDICATE A REQUEST FOR EXCLUSIVE-USE SERVICE, BUT IT SUBSEQUENTLY APPEARED, THROUGH A REPORT FROM THE ADMINISTRATIVE OFFICE, THAT THE REQUESTED SERVICE WAS NOT IN FACT PERFORMED, AND FOR THIS REASON YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT CERTIFICATE OF JUNE 22, 1961. OUR FILE NOW CONTAINS A COPY OF A LETTER DATED JUNE 4, 1962, FROM MR. WILLIAM R. ALLISON OF WESTERN TRUCK LINES, TO THE REGIONAL OFFICE OF THE DEFENSE TRAFFIC MANAGEMENT SERVICE AT OAKLAND, CALIFORNIA, ASKING WHY THAT OFFICE WAS OF THE OPINION THAT EXCLUSIVE USE HAD NOT BEEN ACCORDED THE SUBJECT SHIPMENT. IN A REPLY DATED JUNE 25, 1962, MR. W. B. MCKINNEY, CHIEF, TRAFFIC SERVICES DIVISION, WESTERN TRAFFIC REGION, DEFENSE TRAFFIC MANAGEMENT SERVICE, STATED, IN PERTINENT PART, AS FOLLOWS:

"THE RECORDS INDICATE THIS SHIPMENT WAS LOADED IN YOUR VEHICLE T 674, AND THE EXCLUSIVE USE THEREOF WAS REQUESTED BY THE SHIPPER. THE RECORDS FURTHER INDICATE THE SHIPMENT WAS NOT DELIVERED IN THE SAME VEHICLE, BUT RATHER IN SOUTHERN PLAZA'S TRAILER NO. 6028, WHICH INDICATES THE SHIPMENT WAS TRANSFERRED EN ROUTE--- APPARENTLY FOR THE CARRIER'S CONVENIENCE SINCE THERE IS NO RECORD OF THE GOVERNMENT BEING NOTIFIED OF ANY EMERGENCY OCCURRING WHICH NECESSITATED THE TRANSFERRING OF THE LOAD.'

IN THE LIGHT OF THIS UNCONTROVERTED STATEMENT BY THE ADMINISTRATIVE OFFICE, WE MUST CONCLUDE THAT EXCLUSIVE-USE SERVICE WAS NOT ACCORDED THE SHIPMENT IN ISSUE. THE DISALLOWANCE OF YOUR CLAIM FOR $550 ON BILL NO. 11946-B IN OUR SETTLEMENT CERTIFICATE OF JUNE 22, 1961, IS THEREFORE, SUSTAINED.

WE HAVE FURTHER INVESTIGATED AND EXAMINED THE CLAIM FOR ADDITIONAL FREIGHT CHARGES BASED ON EXCLUSIVE-USE SERVICE WHICH YOU ALLEGE TO BE DUE ON THE SHIPMENT THAT MOVED FROM MINNEAPOLIS, MINNESOTA, TO SAVANNA, OKLAHOMA, DURING JULY 1960, UNDER GOVERNMENT BILL OF LADING A 1198153. AFTER THE ADMINISTRATIVE OFFICE ADVISED US OF THE FACTS CONCERNING THIS SHIPMENT, WE CONCLUDED THAT YOUR CLAIM FOR EXCLUSIVE USE SERVICE IS ALLOWABLE, AND WE HAVE TODAY INSTRUCTED OUR TRANSPORTATION DIVISION TO SETTLE YOUR CLAIM ON THE EXCLUSIVE-USE BASIS. SETTLEMENT SHOULD REACH YOU IN DUE COURSE.