B-141820, NOV. 25, 1960
Highlights
INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 20. ON THE THEORY THAT WHEN AN UNROUTED SHIPMENT IS TENDERED TO AN ORIGIN CARRIER THE SHIPPER IS ENTITLED TO THE LOWER RATED OF TWO EQUALLY AVAILABLE ROUTES. WE HAVE VERIFIED THE RATES AND CHARGES SET FORTH ON PAGE 2 OF YOUR LETTER OF SEPTEMBER 20.
B-141820, NOV. 25, 1960
TO HENNIS FREIGHT LINES, INC.:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 20, 1960, FILE OC- 4062-GRIGGS, IN EFFECT REQUESTING RECONSIDERATION OF OUR DECISION OF JUNE 14, 1960, B-141820. IN THAT DECISION, IN THE ABSENCE OF EVIDENCE TENDING TO ESTABLISH THE INCORRECTNESS OF OUR CHARGE BASIS,WE SUSTAINED THE SETTLEMENT DISALLOWING YOUR CLAIM FOR $121.37, THE ADDITIONAL TRANSPORTATION CHARGES ALLEGEDLY DUE ON A SHIPMENT OF AIRPLANE WING SECTIONS MOVING FROM IRVINE, CALIFORNIA, TO CHERRY POINT, NORTH CAROLINA, UNDER GOVERNMENT BILL OF LADING NO. N-13453928, ON THE THEORY THAT WHEN AN UNROUTED SHIPMENT IS TENDERED TO AN ORIGIN CARRIER THE SHIPPER IS ENTITLED TO THE LOWER RATED OF TWO EQUALLY AVAILABLE ROUTES.
WE HAVE VERIFIED THE RATES AND CHARGES SET FORTH ON PAGE 2 OF YOUR LETTER OF SEPTEMBER 20, 1960, AND FIND YOUR BASIS TO BE CORRECT. YOU SHOULD RECEIVE NOTICE OF THE REVISED SETTLEMENT IN DUE COURSE.