B-155897, JAN. 19, 1965

B-155897: Jan 19, 1965

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THE CLAIMS IN QUESTION WHICH WERE DISALLOWED BY SETTLEMENT CERTIFICATES CONCERN THE SO-CALLED . THAT IS TO SAY. THE ISSUE OF THE APPLICABILITY OF ITEM 212 OF TRANSCONTINENTAL FREIGHT BUREAU TARIFF 1-SERIES ON SHIPMENTS OF VARIOUS COMMODITIES WHICH WERE EXPORTED FROM PACIFIC COAST PORTS UNDER THE TERMS AND CONDITIONS OF EXECUTIVE COMMITTEE. THIS ISSUE IS IN SEVERAL SUITS NOW PENDING IN THE UNITED STATES COURT OF CLAIMS. IN THESE CIRCUMSTANCES WE WILL NOT TAKE ANY FURTHER ACTION ON YOUR CLAIMS UNTIL THERE IS A FINAL JUDICIAL DETERMINATION ON THE MERITS OF THE "PORT HANDLING CHARGES" ISSUE IN THE PENDING SUITS. IF THE FINAL DETERMINATION IS AGAINST THE GOVERNMENT WE WILL CONSIDER YOUR FURTHER REQUEST FOR PAYMENT OF THE CLAIMS WHICH YOU SPECIFICALLY IDENTIFY.

B-155897, JAN. 19, 1965

TO SOUTHERN PACIFIC COMPANY:

WE REFER TO NUMEROUS FORM LETTERS DATED DECEMBER 30, DECEMBER 31, 1964, AND JANUARY 8, 1965, FILES YM 85-D 107794-28, ET AL., IN WHICH YOU PROTEST THE NONPAYMENT OF CERTAIN BILLS AND RENEW YOUR CLAIMS FOR THE BALANCES BELIEVED TO BE DUE. THESE BALANCES REPRESENT ADDITIONAL TRANSPORTATION CHARGES ON SHIPMENTS DELIVERED TO GOVERNMENT INSTALLATIONS AT PACIFIC COAST PORTS FOR STORAGE AND ULTIMATE EXPORT.

THE CLAIMS IN QUESTION WHICH WERE DISALLOWED BY SETTLEMENT CERTIFICATES CONCERN THE SO-CALLED ,PORT HANDLING CHARGES" ISSUE, THAT IS TO SAY, THE ISSUE OF THE APPLICABILITY OF ITEM 212 OF TRANSCONTINENTAL FREIGHT BUREAU TARIFF 1-SERIES ON SHIPMENTS OF VARIOUS COMMODITIES WHICH WERE EXPORTED FROM PACIFIC COAST PORTS UNDER THE TERMS AND CONDITIONS OF EXECUTIVE COMMITTEE--- WESTERN TRAFFIC ASSOCIATION SECTION 22 QUOTATION NO. 120. THIS ISSUE IS IN SEVERAL SUITS NOW PENDING IN THE UNITED STATES COURT OF CLAIMS, INCLUDING SOUTHERN PACIFIC COMPANY V. UNITED STATES, COURT OF CLAIMS NO. 98-64, AND ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY V. UNITED STATES, COURT OF CLAIMS NO. 92-64. IN THESE CIRCUMSTANCES WE WILL NOT TAKE ANY FURTHER ACTION ON YOUR CLAIMS UNTIL THERE IS A FINAL JUDICIAL DETERMINATION ON THE MERITS OF THE "PORT HANDLING CHARGES" ISSUE IN THE PENDING SUITS. IF THE FINAL DETERMINATION IS AGAINST THE GOVERNMENT WE WILL CONSIDER YOUR FURTHER REQUEST FOR PAYMENT OF THE CLAIMS WHICH YOU SPECIFICALLY IDENTIFY.