B-157731, OCT. 20, 1965

B-157731: Oct 20, 1965

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TO REA EXPRESS: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 16. B/2/7830 ( IS SUPPORTED BY CERTIFICATES IN LIEU OF LOST GOVERNMENT BILLS OF LADING. THIS CLAIM WAS ORIGINALLY SUBMITTED BY YOU TO OUR TRANSPORTATION DIVISION ON APRIL 8. WAS RETURNED TO YOU WITH LETTER DATED JUNE 14. IN WHICH YOU WERE ADVISED THAT CONSIDERATION WAS PRECLUDED UNDER THE PROVISIONS OF SECTION 322 OF THE TRANSPORTATION ACT OF 1940. WHICHEVER IS LATER.'. THE RECORDS INDICATE THAT DELIVERY WAS MADE AND THEREFORE THE CAUSE OF ACTION ACCRUED FOR GOVERNMENT BILL OF LADING AF-9056326 ON DECEMBER 16. THE BILL OF LADING IS SAID TO COVER THE TRANSPORTATION OF HOUSEHOLD GOODS FROM SAN ANTONIO. THE CERTIFICATE IN LIEU OF LOST GOVERNMENT BILL OF LADING AF-296984 REFLECTS THAT THE BILL OF LADING WAS ISSUED ON JULY 8.

B-157731, OCT. 20, 1965

TO REA EXPRESS:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 16, 1965, REQUESTING CONSIDERATION OF A CLAIM FOR TRANSPORTATION CHARGES FURNISHED PURSUANT TO THE GOVERNMENT BILLS OF LADING AF-296984 DATED JULY 8, 1959, AND AF 9056326 DATED NOVEMBER 19, 1958, IN THE TOTAL AMOUNT OF $2,435.48. YOUR BILLING (BILL NO. B/2/7830 ( IS SUPPORTED BY CERTIFICATES IN LIEU OF LOST GOVERNMENT BILLS OF LADING. THIS CLAIM WAS ORIGINALLY SUBMITTED BY YOU TO OUR TRANSPORTATION DIVISION ON APRIL 8, 1963, AND WAS RETURNED TO YOU WITH LETTER DATED JUNE 14, 1963, IN WHICH YOU WERE ADVISED THAT CONSIDERATION WAS PRECLUDED UNDER THE PROVISIONS OF SECTION 322 OF THE TRANSPORTATION ACT OF 1940, AS AMENDED (49 U.S.C. 66).

THE PERTINENT PROVISIONS OF SECTION 322 OF THE TRANSPORTATION ACT OF 1940, AS AMENDED (49 U.S.C. 66), STATE:

"THAT EVERY CLAIM COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE FOR CHARGES FOR TRANSPORTATION WITHIN THE PURVIEW OF THIS SECTION SHALL BE FOREVER BARRED UNLESS SUCH CLAIM SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THREE YEARS (NOT INCLUDING ANY TIME OF WAR) FROM THE DATE OF (1) ACCRUAL OF THE CAUSE OF ACTION THEREON, OR (2) PAYMENT OF CHARGES FOR THE TRANSPORTATION INVOLVED, OR (3) SUBSEQUENT REFUND FOR OVERPAYMENT OF SUCH CHARGES, OR (4) DEDUCTION MADE PURSUANT TO THIS SECTION, WHICHEVER IS LATER.'

THE RECORDS INDICATE THAT DELIVERY WAS MADE AND THEREFORE THE CAUSE OF ACTION ACCRUED FOR GOVERNMENT BILL OF LADING AF-9056326 ON DECEMBER 16, 1958. THE BILL OF LADING IS SAID TO COVER THE TRANSPORTATION OF HOUSEHOLD GOODS FROM SAN ANTONIO, TEXAS, TO CHAUMONT, FRANCE. THE CERTIFICATE IN LIEU OF LOST GOVERNMENT BILL OF LADING AF-296984 REFLECTS THAT THE BILL OF LADING WAS ISSUED ON JULY 8, 1959, TO COVER THE TRANSPORTATION OF HOUSEHOLD GOODS FROM NELLIS AIR FORCE BASE, NEVADA, TO TOUL ROSIERE AIR BASE, FRANCE. IT IS NOT CLEAR WHEN DELIVERY WAS ACCOMPLISHED, ALTHOUGH THE CERTIFICATE OF CONSIGNEE IN THE CERTIFICATE IN LIEU OF LOST GOVERNMENT BILL OF LADING WAS EXECUTED TO SHOW DELIVERY. SINCE YOUR BILL NO. B/2/7830 WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE APRIL 8, 1963, MORE THAN THREE YEARS AFTER THE CAUSE OF ACTION ACCRUED IN BOTH INSTANCES, THE LAW PROHIBITS US FROM CONSIDERING YOUR CLAIM ON THE MERITS. YOUR BILL AND ATTACHMENTS ARE THEREFORE AGAIN RETURNED HEREWITH.

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