B-165381, MAR. 12, 1969

B-165381: Mar 12, 1969

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TO NAVAJO FREIGHT LINES: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 27. IT APPEARS TO BE YOUR CONTENTION THAT CONDITION 5 ON THE REVERSE OF THE GOVERNMENT BILL OF LADING DOES NOT APPLY WHEN THE RATE IN QUESTION IS NAMED IN A SECTION 22 QUOTATION AND THAT THE PRINCIPLES EXPRESSED IN THE CASE OF STRICKLAND TRANSPORTATION COMPANY V UNITED STATES. ARE NOT APPLICABLE. YOU AGAIN URGE THAT THE CITED CASE CONFIRMS THE USE OF RELEASED VALUE CLASSIFICATION PROVISIONS AS OPPOSED TO EXCEPTION UNRELEASED VALUE PROVISIONS AND THAT SECTION 22 QUOTATIONS WERE NOT DISCUSSED. THE QUESTIONS RAISED IN YOUR LETTERS OF OBJECTION HAVE BEEN EXPLAINED IN OUR DECISION. 25142 AND 25820 WAS CONSISTENT WITH THE PRINCIPLES EXPRESSED IN THE ABOVE-CITED DECISION AND.

B-165381, MAR. 12, 1969

TO NAVAJO FREIGHT LINES:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 27, 1968, REQUESTING REVIEW OF OUR SETTLEMENT CERTIFICATES DATED AUGUST 21, 1968 (OUR CLAIMS NUMBERED TK-876920, TK-876922 AND TK-878221) DISALLOWING YOUR CLAIMS NUMBERED 25348, 25142 AND 25820 FOR ADDITIONAL FREIGHT CHARGES IN THE AMOUNTS OF $24.84, $20.53 AND $12.43, RESPECTIVELY. ALSO REFER TO YOUR LETTER OF JANUARY 29, 1969, CONCERNING CLAIM 25348 STATED ABOVE.

IT APPEARS TO BE YOUR CONTENTION THAT CONDITION 5 ON THE REVERSE OF THE GOVERNMENT BILL OF LADING DOES NOT APPLY WHEN THE RATE IN QUESTION IS NAMED IN A SECTION 22 QUOTATION AND THAT THE PRINCIPLES EXPRESSED IN THE CASE OF STRICKLAND TRANSPORTATION COMPANY V UNITED STATES, 1964, 334 F.2D 172, 179, ARE NOT APPLICABLE. YOU AGAIN URGE THAT THE CITED CASE CONFIRMS THE USE OF RELEASED VALUE CLASSIFICATION PROVISIONS AS OPPOSED TO EXCEPTION UNRELEASED VALUE PROVISIONS AND THAT SECTION 22 QUOTATIONS WERE NOT DISCUSSED.

THE QUESTIONS RAISED IN YOUR LETTERS OF OBJECTION HAVE BEEN EXPLAINED IN OUR DECISION, COPY ENCLOSED, DATED NOVEMBER 20, 1968, B 165265, TO GEORGIA HIGHWAY EXPRESS, INC., WHICH ALSO DISCUSSED ITEM 35 OF ROCKY MOUNTAIN TARIFF BUREAU, INC., U.S. GOVERNMENT QUOTATION I.C.C. NO. 18, IN EFFECT AT THE TIME THESE SHIPMENTS MOVED.

THE DISALLOWANCE OF CLAIMS NUMBERED 25348, 25142 AND 25820 WAS CONSISTENT WITH THE PRINCIPLES EXPRESSED IN THE ABOVE-CITED DECISION AND, ACCORDINGLY, THE SETTLEMENTS OF AUGUST 21, 1968, COVERING THOSE CLAIMS ARE SUSTAINED.