B-152200, NOV. 6, 1963

B-152200: Nov 6, 1963

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TO THE WESTERN PACIFIC RAILROAD COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 31. AS YOU KNOW THE QUESTION OF THE RATES ON SUCH ITEMS WAS THE SUBJECT OF PROCEEDINGS BEFORE THE INTERSTATE COMMERCE COMMISSION WHICH IN HARRISON CONSTRUCTION CO. A COMPLAINT TO SET ASIDE SUCH LATER DECISION WAS INSTITUTED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. NO FINAL DECISION HAS YET BEEN REACHED AS TO WHETHER FURTHER PROCEEDINGS IN THE MATTER WILL BE INSTITUTED. WE HAVE INSTRUCTED OUR TRANSPORTATION DIVISION TO ISSUE AN APPROPRIATE FORM T-109 SUSPENDING FURTHER SETTLEMENT ACTION IN THE MATTER PENDING THE FINAL OUTCOME OF THE LITIGATION AFTER EXPIRATION OR ABANDONMENT OF ALL APPEAL RIGHTS.

B-152200, NOV. 6, 1963

TO THE WESTERN PACIFIC RAILROAD COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 31, 1963, FILE G 12-F- 150771, REQUESTING THAT WE WITHHOLD SETTLEMENT OF $279.85 OF THE AMOUNT CLAIMED ON YOUR SUPPLEMENTAL BILL NO. FS-15071-R PENDING THE FINAL OUTCOME OF LITIGATION AS TO THE PROPER RATES TO BE ASSESSED ON SHIPMENTS OF SO- CALLED "KNOCKED-DOWN CHASSIS.'

AS YOU KNOW THE QUESTION OF THE RATES ON SUCH ITEMS WAS THE SUBJECT OF PROCEEDINGS BEFORE THE INTERSTATE COMMERCE COMMISSION WHICH IN HARRISON CONSTRUCTION CO. V. PENNSYLVANIA R.CO., 311 I.C.C. 521, REVERSED ITS PRIOR HOLDINGS AND RENDERED ITS DECISION IN FAVOR OF THE CARRIERS. A COMPLAINT TO SET ASIDE SUCH LATER DECISION WAS INSTITUTED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, CIVIL ACTION NO. 3453-61. THE COURT ON SEPTEMBER 19, 1963, IN UNITED STATES V. INTERSTATE COMMERCE COMMISSION AND THE ABERDEEN AND ROCKFISH R.CO. REFUSED TO SET ASIDE THE ORDER OF THE INTERSTATE COMMERCE COMMISSION, BUT NO FINAL DECISION HAS YET BEEN REACHED AS TO WHETHER FURTHER PROCEEDINGS IN THE MATTER WILL BE INSTITUTED.

UNDER THE CIRCUMSTANCES, THE LITIGATION AS TO THE PROPER RATES ON KNOCKED -DOWN CHASSIS NOT HAVING FULLY TERMINATED, WE HAVE INSTRUCTED OUR TRANSPORTATION DIVISION TO ISSUE AN APPROPRIATE FORM T-109 SUSPENDING FURTHER SETTLEMENT ACTION IN THE MATTER PENDING THE FINAL OUTCOME OF THE LITIGATION AFTER EXPIRATION OR ABANDONMENT OF ALL APPEAL RIGHTS.