B-148985, AUG. 2, 1962

B-148985: Aug 2, 1962

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 15. IN YOUR LETTER YOU STATE THAT YOUR DETROIT STEEL TERMINAL HAS FURNISHED INFORMATION TO THE EFFECT THAT THE TRAILER USED WAS 28 FEET IN LENGTH. THAT THE COPY OF THE BILL OF LADING FURNISHED WITH YOUR LETTER INDICATES THAT THE TRAILER WAS LOADED TO FULL CAPACITY. ALTHOUGH THE RECORD IS SILENT AS TO THE IDENTITY OR SIZE OF THE TRAILER USED. THE ADMINISTRATIVE REPORT (COPY SENT YOU WITH THE SETTLEMENT CERTIFICATE) STATES THAT "THERE WAS ROOM FOR ANOTHER IDENTICAL PLATFORM ON THE TRAILER.'. THIS INDICATES THAT A TRAILER LONGER THAN 28 FEET WAS USED TO TRANSPORT THE SHIPMENT. " THERE IS NO NOTATION EVEN SUGGESTING SUCH CAPACITY LOADING ON ORIGINAL BILL OF LADING WY-8953215 (OR ELSEWHERE IN THE RECORD) SUBMITTED WITH YOUR BILL NO. 35833 ON WHICH THE OVERCHARGE WAS PAID IN JANUARY 1959.

B-148985, AUG. 2, 1962

TO TRANSAMERICAN FREIGHT LINES, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 15, 1962, REQUESTING REVIEW OF OUR SETTLEMENT CERTIFICATE OF FEBRUARY 26, 1962, IN CLAIM NO. TK -655347, WHICH DISALLOWED YOUR CLAIM FOR $198.62 ON BILL NO. 35833-A AS AN ADDITIONAL ALLOWANCE BASED ON TRUCKLOAD SERVICE FOR TRANSPORTATION OF TWO USED EMPTY WOODEN SHIPPING PALLETS OR PLATFORMS FROM MICHIGAN ORDNANCE MISSILE PLANT, WARREN, MICHIGAN, TO WATERTOWN ARSENAL, WATERTOWN, MASSACHUSETTS.

IN YOUR LETTER YOU STATE THAT YOUR DETROIT STEEL TERMINAL HAS FURNISHED INFORMATION TO THE EFFECT THAT THE TRAILER USED WAS 28 FEET IN LENGTH, THAT THREE OF THESE PLATFORMS COULD NOT BE LOADED THEREON WITHOUT OVERHANGING THE TAILGATE, AND THAT THE COPY OF THE BILL OF LADING FURNISHED WITH YOUR LETTER INDICATES THAT THE TRAILER WAS LOADED TO FULL CAPACITY. HOWEVER, ALTHOUGH THE RECORD IS SILENT AS TO THE IDENTITY OR SIZE OF THE TRAILER USED, THE ADMINISTRATIVE REPORT (COPY SENT YOU WITH THE SETTLEMENT CERTIFICATE) STATES THAT "THERE WAS ROOM FOR ANOTHER IDENTICAL PLATFORM ON THE TRAILER.' THIS INDICATES THAT A TRAILER LONGER THAN 28 FEET WAS USED TO TRANSPORT THE SHIPMENT. ALTHOUGH THE COPY OF THE SHIPPING ORDER COPY OF BILL OF LADING WY-8953215 FORWARDED WITH YOUR LETTER DOES SHOW A TYPEWRITTEN NOTATION READING "LOADED TO FULL VISIBLE CAPACITY," THERE IS NO NOTATION EVEN SUGGESTING SUCH CAPACITY LOADING ON ORIGINAL BILL OF LADING WY-8953215 (OR ELSEWHERE IN THE RECORD) SUBMITTED WITH YOUR BILL NO. 35833 ON WHICH THE OVERCHARGE WAS PAID IN JANUARY 1959. AN EXAMINATION OF THE TYPEWRITTEN NOTATION ON THE SHIPPING ORDER COPY CLEARLY SHOWS THAT IT WAS MADE BY A TYPEWRITER OTHER THAN THE ONE USED IN TYPING THE ORIGINAL BILL OF LADING AS ISSUED AND UNCHANGED WHEN PRESENTED FOR PAYMENT.

UNDER THESE CIRCUMSTANCES WE FEEL THAT YOUR CONTENTIONS ARE NOT SUFFICIENTLY SUBSTANTIATED TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS OF THE FACTS REPORTED BY THE ADMINISTRATIVE OFFICE, WHICH IT HAS LONG BEEN THE POLICY OF OUR OFFICE TO ACCEPT AS CONCLUSIVE IN INSTANCES OF CONFLICT BETWEEN THE REPORTS OF A CLAIMANT AND THE ADMINISTRATIVE OFFICE. 16 COMP. GEN. 325. CONSEQUENTLY, WE CONCLUDE THAT THE SETTLEMENT CERTIFICATE DATED FEBRUARY 26, 1962, WAS CORRECT AND IT IS SUSTAINED.