B-156577, JUN. 9, 1965

B-156577: Jun 9, 1965

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TO SOUTHERN PACIFIC COMPANY: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 14. THE RECORD SHOWS THAT FOR THE SERVICE INVOLVED YOU ORIGINALLY CLAIMED AND WERE PAID $1. WHEN THE VOUCHER WAS AUDITED BY OUR TRANSPORTATION DIVISION. THE APPLICABLE CHARGES WERE DETERMINED TO BE $1. THESE CHARGES WERE COMPUTED ON THE BASIS OF A RATE OF $4.32 PER 100 POUNDS. THAT AMOUNT WAS WITHHELD FROM AMOUNTS OTHERWISE DUE YOUR COMPANY. WAS DISALLOWED IN THE SETTLEMENT CERTIFICATE DATED MARCH 19. WITH THE ADVICE THAT THE COMMODITY SHIPPED WAS A SPRAYING UNIT. TRUCK MOUNTED UNIT IS BEING CONSIDERED IN SEABOARD AIR LINE RAILROAD COMPANY V. BY ORDER OF THE COURT OF CLAIMS THE QUESTION WAS REFERRED TO THE INTERSTATE COMMERCE COMMISSION.

B-156577, JUN. 9, 1965

TO SOUTHERN PACIFIC COMPANY:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 14, 1965, REQUESTING REVIEW OF OUR SETTLEMENT DATED MARCH 19, 1965 (TK-77886), WHICH DISALLOWED YOUR SUPPLEMENTAL BILL NO. D-109717-M FOR $731.12 CLAIMED AS ADDITIONAL FREIGHT CHARGE ON A SHIPMENT OF SPRAYERS, NOIBN, MOUNTED ON MOTOR VEHICLE, WEIGHING 22,550 POUNDS, FROM GALION, OHIO, TO PLANEHAVEN, CALIFORNIA, UNDER GOVERNMENT BILL OF LADING NO. B 278595990, DATED JUNE 8, 1962.

THE RECORD SHOWS THAT FOR THE SERVICE INVOLVED YOU ORIGINALLY CLAIMED AND WERE PAID $1,767.92 BY THE ARMY FINANCE CENTER. WHEN THE VOUCHER WAS AUDITED BY OUR TRANSPORTATION DIVISION, THE APPLICABLE CHARGES WERE DETERMINED TO BE $1,036.80. THESE CHARGES WERE COMPUTED ON THE BASIS OF A RATE OF $4.32 PER 100 POUNDS, MINIMUM WEIGHT 24,000POUNDS, PER ITEM 5105, PART 1 OF TRANSCONTINENTAL FREIGHT BUREAU COMMODITY TARIFF 1-K, I.C.C. NO. 1668, COVERING SPRAYERS, NOIBN, AS DESCRIBED IN ITEM 851. UPON YOUR FAILURE TO REFUND THE RESULTING OVERCHARGE OF $731.12, THAT AMOUNT WAS WITHHELD FROM AMOUNTS OTHERWISE DUE YOUR COMPANY. THEREAFTER, YOUR RECLAIM OF THE SUM DEDUCTED, APPARENTLY ON THE BASIS OF RATES NAMED IN ITEM 11805 OF TRANSCONTINENTAL FREIGHT BUREAU TARIFF 1-K, I.C.C. 1668, WAS DISALLOWED IN THE SETTLEMENT CERTIFICATE DATED MARCH 19, 1965, WITH THE ADVICE THAT THE COMMODITY SHIPPED WAS A SPRAYING UNIT, CLEANING, DEICING, DECONTAMINATING FLUID, TRUCK MOUNTED, WITH ADJUSTABLE TOWER, AND HYDRAULIC OPERATED, AS SHOWN IN FEDERAL STOCK NO. 1730-529-8885-MB 3-TYPE.

AT THE PRESENT TIME THE MATTER OF THE APPLICABLE RATES ON THE MB-3 TYPE SPRAYING-DEICING, TRUCK MOUNTED UNIT IS BEING CONSIDERED IN SEABOARD AIR LINE RAILROAD COMPANY V. UNITED STATES, CT.CL. 281-62. BY ORDER OF THE COURT OF CLAIMS THE QUESTION WAS REFERRED TO THE INTERSTATE COMMERCE COMMISSION, WHERE IT IS STILL PENDING. IN THE EVENT THAT THE CASE IS FINALLY DECIDED IN FAVOR OF THE CARRIERS, THE SETTLEMENT WILL BE RECONSIDERED UPON YOUR REQUEST.

IN THESE CIRCUMSTANCES THE SETTLEMENT DISALLOWING YOUR CLAIM IS SUSTAINED.