B-147191, FEB. 26, 1962

B-147191: Feb 26, 1962

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YOUR SUPPLEMENTAL BILL WAS DISALLOWED BY SETTLEMENT OF JUNE 29. THE COVERING BILL OF LADING SHOWED THAT THE VEHICLE WAS LOADED TO FULL VISIBLE CAPACITY AND THE INTERSTATE COMMERCE COMMISSION HELD IN CURTIS LIGHTING. THAT ONCE A VEHICLE IS LOADED TO CAPACITY EXCLUSIVE-USE-OF-VEHICLE CHARGES. - WHICH ARE DESIGNED TO PAY FOR TRUCKLOAD SERVICE ACCORDED TO LESS-THAN-TRUCKLOAD SHIPMENTS. - ARE INAPPLICABLE. THE MILITARY TRAFFIC MANAGEMENT AGENCY NOW HAS REPORTED THAT THE VEHICLE WAS NOT LOADED TO CAPACITY AND THAT EXCLUSIVE-USE SERVICE WAS REQUESTED AND FURNISHED. THE FACE OF THE BILL OF LADING IS ANNOTATED "EXCLUSIVE USE OF VEHICLE REQUESTED BY GOV T.'. YOU WILL BE ADVISED BY THAT DIVISION OF THE SETTLEMENT ACTION TAKEN.

B-147191, FEB. 26, 1962

TO ALABAM FREIGHT LINES:

BY YOUR LETTER OF AUGUST 29, 1961, REFERENCE ALABAM CLAIM OC 2689, ACKNOWLEDGED SEPTEMBER 19, 1961, YOU REQUEST REVIEW OF THE DISALLOWANCE OF YOUR CLAIM PER SUPPLEMENTAL BILL NO. 580-A FOR ADDITIONAL CHARGES OF $216 ALLEGED TO BE DUE FOR THE EXCLUSIVE USE OF VEHICLE IN TRANSPORTING CERTAIN JET THRUST UNITS FROM HILL FIELD, UTAH, TO LUKE AIR FORCE BASE, ARIZONA, PURSUANT TO GOVERNMENT BILL OF LADING A-8548895.

YOUR SUPPLEMENTAL BILL WAS DISALLOWED BY SETTLEMENT OF JUNE 29, 1961, FOR THE REASON THAT, BY CHECK IN THE APPROPRIATE BLOCK ON ITS FACE, THE COVERING BILL OF LADING SHOWED THAT THE VEHICLE WAS LOADED TO FULL VISIBLE CAPACITY AND THE INTERSTATE COMMERCE COMMISSION HELD IN CURTIS LIGHTING, INC. V. MID-STATES FREIGHT LINES, INC., 303 I.C.C. 576, THAT ONCE A VEHICLE IS LOADED TO CAPACITY EXCLUSIVE-USE-OF-VEHICLE CHARGES--- WHICH ARE DESIGNED TO PAY FOR TRUCKLOAD SERVICE ACCORDED TO LESS-THAN-TRUCKLOAD SHIPMENTS--- ARE INAPPLICABLE.

HOWEVER, THE MILITARY TRAFFIC MANAGEMENT AGENCY NOW HAS REPORTED THAT THE VEHICLE WAS NOT LOADED TO CAPACITY AND THAT EXCLUSIVE-USE SERVICE WAS REQUESTED AND FURNISHED. IN ADDITION, THE FACE OF THE BILL OF LADING IS ANNOTATED "EXCLUSIVE USE OF VEHICLE REQUESTED BY GOV T.' ACCORDINGLY, ON THE BASIS OF THE NEW EVIDENCE IN THE RECORD, YOUR CLAIM HAS BEEN RETURNED TO OUR TRANSPORTATION DIVISION FOR ALLOWANCE, IF OTHERWISE PROPER. YOU WILL BE ADVISED BY THAT DIVISION OF THE SETTLEMENT ACTION TAKEN.