B-144134, APR. 9, 1962

B-144134: Apr 9, 1962

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TO MISSOURI PACIFIC RAILROAD COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 28. THIS MATTER WAS THE SUBJECT OF OUR DECISION OF JUNE 21. IN THE AUDIT OF THIS PAYMENT THE CHARGES WERE RECOMPUTED ON THE BASIS OF THE COMMERCIAL RATES USED BY YOU. YOU WERE NOTIFIED THAT THE CHARGES SO COMPUTED WERE $1. YOU WERE REQUESTED TO REFUND THE AMOUNTS OF $518.23. UPON YOUR FAILURE TO REFUND THIS AMOUNT IT WAS DEDUCTED IN MAKING PAYMENT OF YOUR BILLS 53850. WE STATED THAT THE RECORD OF YOUR BILL NO. 14953 HAD BEEN RETURNED TO OUR TRANSPORTATION DIVISION FOR A RECOMPUTATION OF THE CHARGES ON THESE SHIPMENTS AND IN THE EVENT THE CHARGES WERE FOUND TO HAVE BEEN OVERPAID AN ADJUSTMENT WOULD BE MADE THEREIN.

B-144134, APR. 9, 1962

TO MISSOURI PACIFIC RAILROAD COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 28, 1961, FILE 12 CD- 14953, WITH ENCLOSURES, REQUESTING REVIEW OF THE DISALLOWANCE OF YOUR CLAIM, PER BILL NO. 14953-B, FOR $1,415.54 IN ADDITION TO THE NET AMOUNT PREVIOUSLY ALLOWED FOR THE TRANSPORTATION OF THREE SHIPMENTS OF EXPLOSIVE BOMBS FROM COPLANT, NEBRASKA, TO AVONDALE, COLORADO, UNDER BILLS OF LADING WQ-13602515, WQ-13602516, AND WQ-13602525 IN APRIL 1943 AND SUBSEQUENTLY SHIPPED TO ARMY POINT CALIFORNIA. THIS MATTER WAS THE SUBJECT OF OUR DECISION OF JUNE 21, 1961, B-144134, TO YOU AND OF YOUR LETTER OF FEBRUARY 6, 1962, FILE 12 GD-14953-B.

THE RECORD WITH RESPECT TO THESE THREE SHIPMENTS SHOWS THAT YOU CLAIMED ORIGINALLY, PER BILL NO. 14953, FOR THEIR TRANSPORTATION, CHARGES COMPUTED ON THE BASIS OF A CLASS 75 RATE OF $1.56 PER 100 POUNDS, IN THE AMOUNTS OF $1.870.24, $1,870.24, AND $1,368.15, RESPECTIVELY. THEREAFTER, IN THE AUDIT OF THIS PAYMENT THE CHARGES WERE RECOMPUTED ON THE BASIS OF THE COMMERCIAL RATES USED BY YOU, LESS APPROPRIATE LAND GRANT DEDUCTIONS VIA THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY THROUGH ABILENE, KANSAS. YOU WERE NOTIFIED THAT THE CHARGES SO COMPUTED WERE $1,352.01, $1,352.01, AND $989.05, RESPECTIVELY (TOTAL $3,693.07); AND YOU WERE REQUESTED TO REFUND THE AMOUNTS OF $518.23, $518.23, AND $379.10, A TOTAL OF $1,415.56. UPON YOUR FAILURE TO REFUND THIS AMOUNT IT WAS DEDUCTED IN MAKING PAYMENT OF YOUR BILLS 53850, ETC., ON VOUCHER NO. 125931 IN THE OCTOBER 1946 ACCOUNTS OF R. L. BRIGHTWELL, ARMY DISBURSING OFFICER. YOUR REQUEST FOR REVIEW CONCERNS THE REFUND OF THE AMOUNT DEDUCTED. IN OUR LETTER TO YOU OF JUNE 21, 1961, B-144134, WE STATED THAT THE RECORD OF YOUR BILL NO. 14953 HAD BEEN RETURNED TO OUR TRANSPORTATION DIVISION FOR A RECOMPUTATION OF THE CHARGES ON THESE SHIPMENTS AND IN THE EVENT THE CHARGES WERE FOUND TO HAVE BEEN OVERPAID AN ADJUSTMENT WOULD BE MADE THEREIN.

A RECOMPUTATION OF THE FREIGHT CHARGES HAS BEEN MADE AND IT APPEARS THE THROUGH CHARGES HAVE BEEN UNDERPAID. WHILE ORDINARILY ADJUSTMENT OF SUCH CHARGES WOULD ONLY BE PROPER WITH THE DESTINATION CARRIER, IT APPEARS WE ARE NOW PRECLUDED FROM MAKING SUCH ADJUSTMENT BECAUSE OF THE 10-YEAR STATUTE OF LIMITATION SET OUT IN 31 U.S.C. 71. HOWEVER, WE RECOGNIZE YOUR INTEREST, AS A PARTICIPATING CARRIER, IN HAVING THE FULL THROUGH CHARGES PAID, AND THAT YOUR CLAIM TO THE EXTENT OF THE DEDUCTIONS MADE IN OCTOBER 1946 WAS TIMELY FILED. IN THE CIRCUMSTANCES, WE HAVE TODAY AUTHORIZED OUR TRANSPORTATION DIVISION IF OTHERWISE PROPER TO ALLOW YOUR CLAIM TO THE EXTENT OF THE UNDERPAYMENT IN THE THROUGH CHARGES FURNISHING THE DESTINATION CARRIER NOTICE OF THE ADJUSTMENT. A CERTIFICATE OF SETTLEMENT MAKING AN APPROPRIATE ALLOWANCE SHOULD BE RECEIVED BY YOU IN DUE COURSE.