B-157181, FEB. 9, 1966

B-157181: Feb 9, 1966

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THE CLAIM WAS MADE IN CONNECTION WITH A SHIPMENT OF HOUSEHOLD GOODS CONSIGNED FROM OKINAWA. WAS PAID AS BILLED. FOR $216.70 WAS DISALLOWED BY OUR OFFICE IN A SETTLEMENT CERTIFICATE DATED JANUARY 28. ALLOWED $66 OF YOUR CLAIM FOR $855.91 ON SUPPLEMENTAL BILL NO. 611181 BW WHICH WAS RECEIVED IN OUR OFFICE MARCH 25. WE FIND THAT THE LEGAL ISSUES PRESENTED ARE SIMILAR TO THOSE PRESENT IN SEVERAL COURT CASES FILED BY THIS CARRIER AND OTHERS IN THE UNITED STATES COURT OF CLAIMS. THE ISSUES ARE BEING MADE THE SUBJECT OF CONTESTED PROCEEDINGS. WE WILL TAKE NO FURTHER ACTION ON THE PRESENT CLAIM PENDING FINAL JUDICIAL DETERMINATION OF THE ISSUES INVOLVED. IN ANY CASE WE COULD NOT CONSIDER ON THE MERITS ANY CLAIM FOR AN AMOUNT IN EXCESS OF $150.70 WHICH IS THE DIFFERENCE BETWEEN THE AMOUNT CLAIMED ($216.70) ON YOUR FIRST SUPPLEMENTAL BILL AND THE AMOUNT ALLOWED ($66) IN OUR SETTLEMENT CERTIFICATE DATED MAY 10.

B-157181, FEB. 9, 1966

TO THE METRO TRAFFIC SERVICE:

PLEASE REFER TO YOUR LETTER OF JULY 2, 1965, WHEREIN YOU REQUEST REVIEW OF OUR SETTLEMENT CERTIFICATE DATED MAY 10, 1965 (CLAIM NO. TK 770760), ALLOWING $66 OF YOUR CLAIM FOR $855.91 FILED ON BEHALF OF VON DER AHE VAN LINES, INC. THE CLAIM WAS MADE IN CONNECTION WITH A SHIPMENT OF HOUSEHOLD GOODS CONSIGNED FROM OKINAWA, RYUKYU ISLANDS, TO DAVIS, CALIFORNIA, AND DIVERTED TO FT. MYER, VIRGINIA, UNDER GOVERNMENT BILL OF LADING WY- 10247409 IN DECEMBER 1961. ON MARCH 1, 1961, CARRIER'S BILL NO. 611181, IN THE AMOUNT OF $889.40, WAS PAID AS BILLED. A SUPPLEMENTAL BILL (NO. 611181 AW 2/2/61) DATED JULY 3, 1963, FOR $216.70 WAS DISALLOWED BY OUR OFFICE IN A SETTLEMENT CERTIFICATE DATED JANUARY 28, 1964. OUR SETTLEMENT CERTIFICATE OF MAY 10, 1965, ALLOWED $66 OF YOUR CLAIM FOR $855.91 ON SUPPLEMENTAL BILL NO. 611181 BW WHICH WAS RECEIVED IN OUR OFFICE MARCH 25, 1964.

IN REVIEWING THE RECORD IN CONNECTION WITH THE SHIPMENT INVOLVED, WE FIND THAT THE LEGAL ISSUES PRESENTED ARE SIMILAR TO THOSE PRESENT IN SEVERAL COURT CASES FILED BY THIS CARRIER AND OTHERS IN THE UNITED STATES COURT OF CLAIMS. THE ITEM INVOLVED POSSIBLY MAY BE INCLUDED IN ONE OF SEVERAL PENDING SUITS WHICH COVER CLAIMS ON SEVERAL THOUSAND GOVERNMENT BILLS OF LADING OR MIGHT LATER BE INCLUDED IN OTHER SUITS FILED BY VON DER AHE VAN LINES, INC. THE ISSUES ARE BEING MADE THE SUBJECT OF CONTESTED PROCEEDINGS.

IN THE CIRCUMSTANCES AND CONSISTENT WITH OUR GENERAL POLICY IN SITUATIONS OF THIS KIND, WE WILL TAKE NO FURTHER ACTION ON THE PRESENT CLAIM PENDING FINAL JUDICIAL DETERMINATION OF THE ISSUES INVOLVED. IN ANY CASE WE COULD NOT CONSIDER ON THE MERITS ANY CLAIM FOR AN AMOUNT IN EXCESS OF $150.70 WHICH IS THE DIFFERENCE BETWEEN THE AMOUNT CLAIMED ($216.70) ON YOUR FIRST SUPPLEMENTAL BILL AND THE AMOUNT ALLOWED ($66) IN OUR SETTLEMENT CERTIFICATE DATED MAY 10, 1965. A CLAIM FOR ANY AMOUNT IN EXCESS OF $150.70 WOULD BE BARRED BY THE 3 YEAR STATUTE OF LIMITATIONS CONTAINED IN 49 U.S.C. 66, SINCE YOUR SECOND SUPPLEMENTAL BILL WAS FILED MORE THAN THREE YEARS AFTER THE DATE OF THE ORIGINAL PAYMENT, MARCH 1, 1964. SEE B- 151883, DATED DECEMBER 2, 1963, ADDRESSED TO VON DER AHE VAN LINES, INC., COPY ENCLOSED FOR READY REFERENCE.