B-144503, MAY 29, 1961

B-144503: May 29, 1961

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LTD.: REFERENCE IS MADE TO YOUR LETTER OF MAY 17. IS BASED ON REASONABLENESS RATHER THAN APPLICATION OF TARIFF PROVISIONS AND IS CONTRARY TO THE AFOREMENTIONED SECTION 217 (B). THE DISPOSITION OF THE CURTIS LIGHTING CASE BY THE COMMISSION WAS ON THE BASIS OF THE APPLICABILITY OF THE TARIFF PROVISIONS. COPIES OF WHICH ARE ENCLOSED FOR YOUR READY REFERENCE. IS CONSISTENT WITH THE PRINCIPLES OF THE CURTIS LIGHTING CASE AND IS FULLY COVERED BY THE AFOREMENTIONED DECISIONS TO YOUR COMPANY. IS AFFIRMED.

B-144503, MAY 29, 1961

TO WESTERN TRUCK LINES, LTD.:

REFERENCE IS MADE TO YOUR LETTER OF MAY 17, 1961, REQUESTING RECONSIDERATION OF OUR HOLDING IN OUR DECISION OF APRIL 24, 1961, B 144503, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM (G-02555) FOR ADDITIONAL CHARGES ON A SHIPMENT OF ORDNANCE STORES MOVING UNDER GOVERNMENT BILL OF LADING AF-8715208, DATED DECEMBER 31, 1958, FROM DOVER AIR FORCE BASE, DELAWARE, TO VINCENT AIR FORCE BASE, ARIZONA.

YOU NOW CONTEND THAT UNDER SECTION 217 (B) OF THE INTERSTATE COMMERCE ACT (49 U.S.C. 317 (B) ( YOU MUST CHARGE NO MORE OR LESS THAN THE CHARGES SPECIFIED IN THE EFFECTIVE TARIFFS, AND THAT THE HOLDING OF THE COMMISSION IN CURTIS LIGHTING, INC. V. MID-STATES FREIGHT LINES, INC., 303 I.C.C. 576, IS BASED ON REASONABLENESS RATHER THAN APPLICATION OF TARIFF PROVISIONS AND IS CONTRARY TO THE AFOREMENTIONED SECTION 217 (B).

AS PREVIOUSLY EXPLAINED TO YOU, THE DISPOSITION OF THE CURTIS LIGHTING CASE BY THE COMMISSION WAS ON THE BASIS OF THE APPLICABILITY OF THE TARIFF PROVISIONS, AND DID NOT TURN ON A QUESTION OF REASONABLENESS OF CHARGES. SEE OUR LETTERS TO YOU OF FEBRUARY 20, 1961, B-144317 AND B-144676, COPIES OF WHICH ARE ENCLOSED FOR YOUR READY REFERENCE.

SINCE OUR HOLDING OF APRIL 24, 1961, B-144503, IS CONSISTENT WITH THE PRINCIPLES OF THE CURTIS LIGHTING CASE AND IS FULLY COVERED BY THE AFOREMENTIONED DECISIONS TO YOUR COMPANY, THE DECISION OF APRIL 24, 1961, IS AFFIRMED.