B-153572, OCT. 27, 1964

B-153572: Oct 27, 1964

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WE HAVE REVIEWED THE SETTLEMENTS WHICH DISALLOWED NINE OF YOUR CLAIMS. THAT THE REMAINDER HAVE BEEN SETTLED ON THE PROPER BASIS. OUR FINDINGS ARE EXPLAINED BELOW. THE CLAIM FOR $339.54 WAS DISALLOWED IN FULL IN THE SETTLEMENT DATED DECEMBER 22. THIS CLAIM FOR $94.23 WAS CERTIFIED FOR ALLOWANCE BY THE SETTLEMENT DATED JUNE 12. IN CLAIM TK-554498 AND WAS PAID ON VOUCHER 23570 IN THE JUNE 1961 ACCOUNTS OF TREASURY DISBURSING OFFICER J. THERE IS NOTHING FURTHER DUE YOU ON BILL OF LADING WQ 15698146. THE LATTER TWO BILLS OF LADING WERE INCLUDED IN THE PETITION FILED IN SOUTHERN PACIFIC COMPANY V. JUDGMENT FOR THE PLAINTIFF WAS ENTERED IN THIS SUIT IN MARCH 1960 AND OUR RECORDS SHOW THAT THE JUDGMENT AWARD ENCOMPASSED THE CLAIMS ON THESE TWO BILLS OF LADING.

B-153572, OCT. 27, 1964

TO SOUTHERN PACIFIC COMPANY:

IN ACCORDANCE WITH YOUR REQUESTS OF FEBRUARY 18, 1964, FILE REFERENCES YM 85-D-235189-26, ETC., WE HAVE REVIEWED THE SETTLEMENTS WHICH DISALLOWED NINE OF YOUR CLAIMS. WE FIND THAT SEVERAL SHOULD BE REVISED IN THE LIGHT OF THE DECISION IN GREAT NORTHERN RAILWAY COMPANY V. UNITED STATES, 311 I.C.C. 96, AND THAT THE REMAINDER HAVE BEEN SETTLED ON THE PROPER BASIS. OUR FINDINGS ARE EXPLAINED BELOW.

YOUR BILL D-417188-26 (CLAIM TK-554498) DATED SEPTEMBER 9, 1960, TO RECOVER $339.54 REFUNDED IN OCTOBER 1955 IN CONNECTION WITH BILL OF LADING WQ-15698146 DID NOT TAKE INTO CONSIDERATION AN ALLOWANCE OF $73.93 MADE IN THE SETTLEMENT DATED APRIL 22, 1958, TO ADJUST THE CHARGE ON THE TONNAGE INBOUND TO HERLONG, CALIFORNIA. THE CLAIM FOR $339.54 WAS DISALLOWED IN FULL IN THE SETTLEMENT DATED DECEMBER 22, 1960. YOU THEN SUBMITTED YOUR BILL D-417188-26, DATED JANUARY 10, 1961, IN WHICH YOU REVISED YOUR CLAIM DOWNWARD TO $94.23, RELYING UPON THE DECISION IN THE GREAT NORTHERN RAILWAY CASE. THIS CLAIM FOR $94.23 WAS CERTIFIED FOR ALLOWANCE BY THE SETTLEMENT DATED JUNE 12, 1961, IN CLAIM TK-554498 AND WAS PAID ON VOUCHER 23570 IN THE JUNE 1961 ACCOUNTS OF TREASURY DISBURSING OFFICER J. F. CANNON. ACCORDINGLY, THERE IS NOTHING FURTHER DUE YOU ON BILL OF LADING WQ 15698146.

BILL D-361133-26 (CLAIM TK-598552) CLAIMS AMOUNTS OF $509.81, $829.30 AND $827.61 ON BILLS OF LADING WQ-15476106, WQ-15476110 AND WQ-15476084. THE LATTER TWO BILLS OF LADING WERE INCLUDED IN THE PETITION FILED IN SOUTHERN PACIFIC COMPANY V. UNITED STATES, CT.CL. NO. 471-58. JUDGMENT FOR THE PLAINTIFF WAS ENTERED IN THIS SUIT IN MARCH 1960 AND OUR RECORDS SHOW THAT THE JUDGMENT AWARD ENCOMPASSED THE CLAIMS ON THESE TWO BILLS OF LADING. THAT BEING SO, YOU HAVE BEEN PAID AND NO FURTHER ADJUSTMENT OF THE CHARGES THEREON IS REQUIRED. ON BILL OF LADING WQ-15476106, WE FIND THAT YOU ARE DUE $207.22 AND A REVISED SETTLEMENT, EXPLAINING THE BASIS OF THE APPLICABLE CHARGES, WILL BE ISSUED IN THIS AMOUNT.

OUR RECORDS SHOW THAT YOUR CLAIMS ON BILLS D-367224-26 (CLAIM TK 707520) AND D-242350 1/2 (CLAIM TK-145647) WERE INCLUDED IN THE PETITION IN SOUTHERN PACIFIC COMPANY V. UNITED STATES, CT.CL. NO. 417 60, WHICH WAS SETTLED IN ACCORDANCE WITH THE GREAT NORTHERN RAILWAY CASE. IN OCTOBER 1961, JUDGMENT FOR THE PLAINTIFF WAS ENTERED IN THIS CASE; THE SUMS PROPERLY DUE ON THESE BILLS WERE AWARDED THEREIN AND NOTHING FURTHER REMAINS DUE.

YOUR BILL D-258551-26 (CLAIM TK-706593), COVERING THREE BILLS OF LADING, IS FOR $300.88. IN OUR RE-EXAMINATION, WE FIND THAT YOU ARE DUE ON THESE BILLS OF LADING A TOTAL OF $123.71. BILL D-413875-26 (CLAIM TK-706592) IS FOR $1,081.35; OUR EXAMINATION SHOWS THAT YOU ARE ENTITLED TO RECOVER $302.68. BILL D-633335-26 (CLAIM TK-310995), COVERING FOUR BILLS OF LADING, CLAIMS $2,956.02; WE FIND THAT YOU ARE DUE ON THIS BILL THE TOTAL AMOUNT OF $1,011.84. THE DISPARITY BETWEEN THE AMOUNTS SOUGHT AND THE AMOUNTS WE FIND ALLOWABLE RESULTS FROM DIFFERENCES IN RATES, IN TRANSIT TONNAGES AND, WHERE THE SHIPMENTS MOVED BEYOND HERLONG VIA THE WESTERN PACIFIC RAILROAD COMPANY AND THE SOUTHERN PACIFIC, FROM THE USE OF PROPORTIONAL RATES PROVIDED IN PACIFIC FREIGHT TARIFF BUREAU SECTION 22 (ICC) SECTION 17-A (CRC) QUOTATION NO. 34-A. THE REVISED SETTLEMENTS WHICH WILL BE ISSUED WILL EXPLAIN THE CORRECT BASIS FOR THE APPLICABLE CHARGES AND, IN SO DOING, WILL FULLY EXPLAIN THESE DISCREPANCIES.

THE AMOUNTS OF $136.15 AND $1,228 CLAIMED ON YOUR BILLS D-235189-26 (CLAIM TK-143412) AND D-258552-26 (CLAIM TK-706594) ARE PROPERLY DUE UNDER THE GREAT NORTHERN RAILWAY DECISION AND REVISED SETTLEMENTS WILL BE ISSUED IN THOSE AMOUNTS.