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B-143048, APR. 11, 1961

B-143048 Apr 11, 1961
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- THE PENDENCY OF WHICH WAS NOTED IN OUR DECISION TO YOU OF SEPTEMBER 1. THE "MISROUTE" QUESTION IS ALSO PRESENT IN RISS AND CO. BOTH CASES ARE STILL PENDING. OUR DECISION OF SEPTEMBER 1 IS REAFFIRMED.

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B-143048, APR. 11, 1961

TO WATKINS AND REA:

YOUR LETTER OF NOVEMBER 23, 1960, IN EFFECT REQUESTS RECONSIDERATION OF OUR DECISION OF SEPTEMBER 1, 1960, SUSTAINING THE DISALLOWANCE OF THE CLAIM OF YOUR CLIENT, COOPER-JARRETT, INC., FOR RECOVERY OF AN AMOUNT DEDUCTED BY OUR OFFICE FOR OVERCHARGES ARISING FROM TWO MISROUTED SHIPMENTS COVERED BY GOVERNMENT BILLS OF LADING AF-5072627 AND AF- 5072670. YOU POINT OUT THAT THE "MISROUTE" ISSUE HAS BEEN DECIDED ADVERSELY TO THE GOVERNMENT'S POSITION IN THE CASE OF HEWITT ROBINS, INC. V. EASTERN FREIGHT WAYS, INC., 187 F.SUPP. 722--- THE PENDENCY OF WHICH WAS NOTED IN OUR DECISION TO YOU OF SEPTEMBER 1, 1960, SUSTAINING OUR SETTLEMENT DISALLOWING THE CARRIER'S CLAIM--- AND ASSERT THAT THE UNITED STATES NOW HAS NO ALTERNATIVE BUT TO ALLOW THE INSTANT CLAIM IN FULL.

AS STATED IN OUR DECISION OF SEPTEMBER 1, 1960, THE "MISROUTE" QUESTION IS ALSO PRESENT IN RISS AND CO. V. UNITED STATES, CT.CL. NO. 326-59, AND SINCE THEN, THE QUESTION HAS ALSO BEEN RAISED IN T.I.M.E. V. UNITED STATES, CIVIL ACTION NO. 2638, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS. BOTH CASES ARE STILL PENDING. IN THE CIRCUMSTANCES, WE DO NOT REGARD THE HEWITT-ROBINS CASE AS CONTROLLING AND DO NOT FEEL THAT WE SHOULD ALTER OUR POSITION IN THE ABSENCE OF A FINAL JUDICIAL DETERMINATION IN SUPPORT OF YOUR POSITION ON THIS ISSUE. ACCORDINGLY, OUR DECISION OF SEPTEMBER 1 IS REAFFIRMED.

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