B-144491, FEB. 21, 1961

B-144491: Feb 21, 1961

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YOUR CLAIM WAS DISALLOWED IN ACCORDANCE WITH THE DECISION OF THE INTERSTATE COMMERCE COMMISSION IN BRODERICK AND BASCOM ROPE COMPANY V. HOLDING THAT CHARGES FOR EXCLUSIVE USE ARE UNREASONABLE TO THE EXTENT THAT THEY EXCEEDED CHARGES COMPUTED ON THE BASIS OF A TRUCKLOAD RATE AND THE TRUCKLOAD MINIMUM WEIGHT. SHIPPERS ARE NOW PRECLUDED FROM CHALLENGING THE REASONABLENESS OF PAST MOTOR CARRIER CHARGES COMPUTED ON THE BASIS OF THE PUBLISHED AND FILED TARIFF RATES. YOUR CLAIM IS BEING RETURNED TO OUR TRANSPORTATION DIVISION FOR FURTHER CONSIDERATION AND YOU WILL BE ADVISED BY THAT DIVISION OF THE DISPOSITION OF YOUR CLAIM.

B-144491, FEB. 21, 1961

TO ILLINOIS-CALIFORNIA EXPRESS:

IN YOUR LETTER OF NOVEMBER 15, 1960, FILE DD-374, YOU REQUEST REVIEW OF THE DISALLOWANCE DATED APRIL 13, 1959, OF YOUR CLAIM PER SUPPLEMENTAL BILL NO. 2331-SUPP, FOR ADDITIONAL FREIGHT CHARGES IN THE AMOUNT OF $237.60 REPRESENTING MINIMUM CHARGES FOR EXCLUSIVE USE OF VEHICLE SERVICE ALLEGED TO BE DUE FOR THE TRANSPORTATION OF EMPTY ROCKET HEADS AND A MISSILE- HANDLING DOLLY FROM MIDDLE RIVER, MARYLAND, TO WHITE SANDS PROVING GROUND, NEW MEXICO, UNDER GOVERNMENT BILL OF LADING NO. WY-5003938 DATED FEBRUARY 22, 1956.

YOUR CLAIM WAS DISALLOWED IN ACCORDANCE WITH THE DECISION OF THE INTERSTATE COMMERCE COMMISSION IN BRODERICK AND BASCOM ROPE COMPANY V. HALL FREIGHT LINES, INC., 302 I.C.C. 347, HOLDING THAT CHARGES FOR EXCLUSIVE USE ARE UNREASONABLE TO THE EXTENT THAT THEY EXCEEDED CHARGES COMPUTED ON THE BASIS OF A TRUCKLOAD RATE AND THE TRUCKLOAD MINIMUM WEIGHT. HOWEVER, BY VIRTUE OF THE DECISION OF THE UNITED STATES SUPREME COURT DATED MAY 18, 1959--- SUBSEQUENT TO THE DATE OF OUR DISALLOWANCE--- IN T.I.M.E. AND DAVIDSON V. UNITED STATES, 359 U.S. 464, SHIPPERS ARE NOW PRECLUDED FROM CHALLENGING THE REASONABLENESS OF PAST MOTOR CARRIER CHARGES COMPUTED ON THE BASIS OF THE PUBLISHED AND FILED TARIFF RATES. ACCORDINGLY, YOUR CLAIM IS BEING RETURNED TO OUR TRANSPORTATION DIVISION FOR FURTHER CONSIDERATION AND YOU WILL BE ADVISED BY THAT DIVISION OF THE DISPOSITION OF YOUR CLAIM.