B-152602, MAR. 31, 1964

B-152602: Mar 31, 1964

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WESTERN RAILROAD COMPANY: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 27. YOU ARE REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 29. - SAID TO HAVE BEEN SHOWN ERRONEOUSLY AS $14.03 ON YOUR SUPPLEMENTAL BILL NO. 27447-PASSENGER. ALTHOUGH YOU CONTEND THAT THERE IS NO PASSENGER TRAIN SERVICE BETWEEN DENVER AND ROCKY FLATS. WE NOTE THAT THE REFERRED-TO QUOTATION WAS AMENDED ON DECEMBER 8. WHICH IS IN ADDITION TO THE OTHER CHARGES APPLICABLE ON FREIGHT OR PASSENGER TRAFFIC. THIS QUOTATION SHOWS THAT MOVEMENTS IN BOTH FREIGHT AND PASSENGER TRAIN SERVICE WERE CONTEMPLATED. AT-171464 WAS TRANSPORTED IN GOVERNMENT-OWNED CAR USAX G 21. AT-171463 AND ON WHICH PASSENGER TRAIN SERVICE WAS REQUESTED.

B-152602, MAR. 31, 1964

TO THE DENVER AND RIO GRANDE, WESTERN RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 27, 1963, FILE 5-GB 27447, WITH WHICH YOU ENCLOSED YOUR "CORRECTED SUPPLEMENTAL BILL NO. 27447 IN THE AMOUNT OF $144.03.' IN EFFECT, YOU ARE REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 29, 1961 (TK-703819), WHICH DISALLOWED YOUR CLAIM FOR $144.03--- SAID TO HAVE BEEN SHOWN ERRONEOUSLY AS $14.03 ON YOUR SUPPLEMENTAL BILL NO. 27447-PASSENGER--- IN ADDITIONAL CHARGES FOR TRANSPORTING THE TRAINING MATERIAL COVERED BY BILL OF LADING NO. AT- 171464, DATED JUNE 27, 1959.

ALTHOUGH YOU CONTEND THAT THERE IS NO PASSENGER TRAIN SERVICE BETWEEN DENVER AND ROCKY FLATS, COLORADO--- THE PERTINENT SEGMENT OF THE ROUTE INVOLVED IN THIS CASE--- YOU INVITE ATTENTION TO A SECTION 22 QUOTATION DATED MAY 10, 1952, ISSUED BY YOUR COMPANY AND PROVIDING A CHARGE OF $200 IN ADDITION TO THE REGULAR CHARGES FOR SPECIAL TRAIN SERVICE BETWEEN DENVER AND ROCKY FLATS. WE NOTE THAT THE REFERRED-TO QUOTATION WAS AMENDED ON DECEMBER 8, 1958, TO PROVIDE FOR THE INCREASE OF THE CHARGE TO $280 FOR THIS SPECIAL TRAIN SERVICE, WHICH IS IN ADDITION TO THE OTHER CHARGES APPLICABLE ON FREIGHT OR PASSENGER TRAFFIC. THUS, THIS QUOTATION SHOWS THAT MOVEMENTS IN BOTH FREIGHT AND PASSENGER TRAIN SERVICE WERE CONTEMPLATED.

THE PAYMENT RECORDS SHOW THAT THE TRAINING MATERIAL COVERED BY BILL OF LADING NO. AT-171464 WAS TRANSPORTED IN GOVERNMENT-OWNED CAR USAX G 21, WHICH MOVED UNDER BILL OF LADING NO. AT-171463 AND ON WHICH PASSENGER TRAIN SERVICE WAS REQUESTED. IN THESE CIRCUMSTANCES, IT IS OUR VIEW THAT THE AGREEMENT OF JULY 1, 1951, AND PARAGRAPHS (E) AND (G) OF SECTION 25, UNDER THE PASSENGER TRAIN SERVICE HEADING, OF JOINT MILITARY PASSENGER AGREEMENT NO. 29 ARE PROPERLY FOR APPLICATION. WE ARE ENCLOSING A COPY OF OUR LETTER OF FEBRUARY 11, 1964, B-149821, WRITTEN IN REPLY TO YOUR LETTER OF JANUARY 17, 1964, FILE 5-GB-27639, WHICH SETS FORTH IN DETAIL THE REASONS WE CANNOT AGREE WITH YOUR CONCLUSIONS ON THIS TYPE OF SHIPMENT.

ACCORDINGLY, SINCE THE FACTUAL CIRCUMSTANCES RELATING TO THIS SHIPMENT ARE SUBSTANTIALLY THE SAME AS THOSE PREVIOUSLY CONSIDERED, WE WOULD NOT BE WARRANTED IN MODIFYING THE SETTLEMENT ISSUED ON THIS SHIPMENT.