B-156103, MAY 25, 1965

B-156103: May 25, 1965

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TO PACIFIC ELECTRIC RAILWAY COMPANY: REFERENCE IS MADE TO YOUR LETTERS OF JANUARY 26. THE AMOUNTS OF YOUR SUPPLEMENTAL BILLS INVOLVED AND OUR CLAIM NUMBERS ARE AS FOLLOWS: TABLE BILL NO. AMOUNT D-PE-48719-28 TK-780447 $269.47 D-PE-48720-28 TK-780448 12.08 D-PE-48721-28 TK-786091 18.22 D-PE-48751-28 TK-786092 132.32 D-PE-48745-28 TK-786096 47.84 D-PE-48700-28 TK-788107 74.30 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-WESTERN TRAFFIC ASSOCIATION SECTION 22 QUOTATION NO. 120.

B-156103, MAY 25, 1965

TO PACIFIC ELECTRIC RAILWAY COMPANY:

REFERENCE IS MADE TO YOUR LETTERS OF JANUARY 26, FEBRUARY 23, MARCH 9 AND 16, 1965, IN WHICH YOU REQUEST REVIEW OF THE SETTLEMENT OF YOUR CLAIMS FOR ADDITIONAL TRANSPORTATION CHARGES ON SHIPMENTS DELIVERED TO GOVERNMENT INSTALLATIONS AT PACIFIC COAST PORTS FOR EXPORT. THE AMOUNTS OF YOUR SUPPLEMENTAL BILLS INVOLVED AND OUR CLAIM NUMBERS ARE AS FOLLOWS:

TABLE

BILL NO. CLAIM NO. AMOUNT

D-PE-48719-28 TK-780447 $269.47

D-PE-48720-28 TK-780448 12.08

D-PE-48721-28 TK-786091 18.22

D-PE-48751-28 TK-786092 132.32

D-PE-48745-28 TK-786096 47.84

D-PE-48700-28 TK-788107 74.30

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.

WE ARE ENCLOSING A COPY OF OUR DECISION OF JUNE 23, 1964, B-153730, ADDRESSED TO THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, WHICH INVOLVED THIS SAME ISSUE AND WHICH WE BELIEVE FULLY SETS FORTH AND EXPLAINS THE BASIS FOR OUR DISALLOWANCE OF YOUR CLAIMS. FOR THE REASONS GIVEN THEREIN, THE DISALLOWANCES OF YOUR CLAIMS APPEAR PROPER AND ARE SUSTAINED.

FOR YOUR INFORMATION YOU ARE INFORMED THAT SEVERAL SUITS INVOLVING SUCH ISSUE ARE NOW PENDING IN THE UNITED STATES COURT OF CLAIMS. AMONG SUCH SUITS ARE SOUTHERN PACIFIC COMPANY V. UNITED STATES, CT.CL. NO. 98-64, AND ATCHISON, TOPEKA AND SANTA FE RY. CO. V. UNITED STATES, CT.CL.NO. 92-64. IF BASED ON THE FINAL JUDICIAL DETERMINATION OF SUCH SUITS YOU BELIEVE THE ADDITIONAL AMOUNTS SHOULD BE ALLOWED, WE WILL BE PLEASED TO GIVE THE MATTER FURTHER CONSIDERATION AT YOUR REQUEST, IDENTIFYING THE PARTICULAR FILES BY YOUR BILL NUMBERS AND OUR CLAIM NUMBERS AS SET FORTH IN THE FIRST PARAGRAPH OF THIS LETTER.