B-145739, B-147575, MAR. 22, 1962

B-145739,B-147575: Mar 22, 1962

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TO THE UNION PACIFIC RAILROAD COMPANY: REFERENCE IS MADE TO YOUR LETTER OF APRIL 27. YOU CONTEND THAT THE DEDUCTION OF THE PALLET WEIGHTS IN THE COMPUTATION OF OUR SETTLEMENTS WAS IMPROPER BECAUSE THE PALLET WEIGHTS WERE NOT INCLUDED IN THE AGREED WEIGHTS FOR THE SHIPMENTS. WHEREIN IT IS STATED THAT AN EXAMINATION OF THE RECORDS OF THE STANDARD PRODUCTS COMPANY DISCLOSED THAT THE 33 CARLOADS SHIPPED BY THAT COMPANY CONSISTED OF "15 SHOE REPAIR SECTIONS. YOU URGE THAT THIS INDICATES THAT THE WEIGHT OF THE PALLETS WAS NOT INCLUDED IN THE AGREED WEIGHT OF THIS SHIPMENT. WE AGAIN WROTE TO THE ADMINISTRATIVE OFFICE AND REQUESTED FURTHER ADVICE AS TO WHETHER OR NOT THE WEIGHTS OF THE PALLETS WERE INCLUDED IN THE AGREED WEIGHTS OF THE SHIPMENTS.

B-145739, B-147575, MAR. 22, 1962

TO THE UNION PACIFIC RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 27, 1961, FILE GO-278357, AND TO YOUR LETTER PERTAINING TO YOUR FILE GTO-278859, REQUESTING REVIEW OF THE SETTLEMENTS WHICH DISALLOWED YOUR SUPPLEMENTAL BILLS O 278357-A AND O- 278859-A FOR ADDITIONAL FREIGHT CHARGES OF $440.11 AND $188.76 ON FOUR SHIPMENTS OF TRACTOR TREADS SHIPPED FROM THE STANDARD PRODUCTS COMPANY, PORT CLINTON, OHIO, TO NEBO, CALIFORNIA. THESE SHIPMENTS MOVED UNDER BILLS OF LADING N-30889579, N-30889601, N 30888730 AND N-30889836.

YOU CONTEND THAT THE DEDUCTION OF THE PALLET WEIGHTS IN THE COMPUTATION OF OUR SETTLEMENTS WAS IMPROPER BECAUSE THE PALLET WEIGHTS WERE NOT INCLUDED IN THE AGREED WEIGHTS FOR THE SHIPMENTS. IN SUPPORT OF YOUR CONTENTION, YOU INVITE ATTENTION TO A COPY OF EASTERN WEIGHING AND INSPECTION BUREAU LETTER DATED MARCH 21, 1957, WHICH YOU ENCLOSED, WHEREIN IT IS STATED THAT AN EXAMINATION OF THE RECORDS OF THE STANDARD PRODUCTS COMPANY DISCLOSED THAT THE 33 CARLOADS SHIPPED BY THAT COMPANY CONSISTED OF "15 SHOE REPAIR SECTIONS, 4 SECTIONS ON ONE PALLET, WEIGHT 1,725 LBS.' USING THE WEIGHT OF 1,725 POUNDS AS A BASE, YOU FIND THAT THE SHIPMENT ON 34 PALLETS UNDER BILL OF LADING N 30889601 WEIGHED 58,650 POUNDS, WHICH EXCEEDED THE AGREED WEIGHT OF 55,250 POUNDS BY 3,400 POUNDS, OR BY THE WEIGHT OF 34 PALLETS AT 100POUNDS EACH. YOU URGE THAT THIS INDICATES THAT THE WEIGHT OF THE PALLETS WAS NOT INCLUDED IN THE AGREED WEIGHT OF THIS SHIPMENT, OR THE AGREED WEIGHTS OF THE OTHER SHIPMENTS HERE INVOLVED.

REFERENCED LETTER, HOWEVER, ALSO STATES THAT THIS COMPANY MANUFACTURES TRACTOR TREADS FOR OTHER VEHICLES, AND IN VIEW OF THE INFORMATION OF RECORD HERE INDICATING A DIFFERENT WEIGHT FOR THE TRACTOR TREADS, WE AGAIN WROTE TO THE ADMINISTRATIVE OFFICE AND REQUESTED FURTHER ADVICE AS TO WHETHER OR NOT THE WEIGHTS OF THE PALLETS WERE INCLUDED IN THE AGREED WEIGHTS OF THE SHIPMENTS.

WITH LETTER DATED MARCH 12, 1962, SIGNED BY LIEUTENANT COLONEL H. G. GOARE, U.S. MARINE CORPS, THERE WAS TRANSMITTED TO OUR OFFICE A COPY OF LETTER DATED MARCH 8, 1962, SIGNED BY J. F. RIDDLE OF THE STANDARD PRODUCTS COMPANY (COPY ENCLOSED), WHEREIN IT IS STATED THAT THE PALLETS WEIGHED 110 POUNDS EACH AND WERE INCLUDED IN THE AGREED WEIGHT SHOWN ON THE BILLS OF LADING.

ACCORDINGLY, THE SETTLEMENTS OF YOUR CLAIMS WERE PROPER, AND THEY ARE SUSTAINED.