B-128942, MAY 16, 1957
Highlights
TO ERIE RAILROAD COMPANY: REFERENCE IS MADE TO YOUR LETTERS OF JANUARY 14. CONCERNING THE APPLICABILITY OF EXPORT RATES ON SHIPMENTS COVERED BY COMMERCIAL PREPAID BILLS OF LADING WHICH WERE NOT EXPORTED AS INTENDED BECAUSE OF WAR EMERGENCY. THE QUESTION OF WHETHER OR NOT THE UNITED STATES IS THE PROPER PARTY TO BE ASSESSED FOR POSSIBLE ADDITIONAL TRANSPORTATION CHARGES ON FRUSTRATED SHIPMENTS MOVING UNDER PREPAID COMMERCIAL BILLS OF LADING IS ONE OF THE ISSUES NOW BEFORE THE COURT OF CLAIMS IN PENNSYLVANIA RAILROAD COMPANY V.
B-128942, MAY 16, 1957
TO ERIE RAILROAD COMPANY:
REFERENCE IS MADE TO YOUR LETTERS OF JANUARY 14, 1957, FILES NOS. 77-7314 -D-7-43 AND 77-6085-6/43, REQUESTING REVIEW OF OUR DECISION B 128942, DATED NOVEMBER 5, 1956, CONCERNING THE APPLICABILITY OF EXPORT RATES ON SHIPMENTS COVERED BY COMMERCIAL PREPAID BILLS OF LADING WHICH WERE NOT EXPORTED AS INTENDED BECAUSE OF WAR EMERGENCY, PRIOR TO THE EFFECTIVE DATE OF FREIGHT TARIFF NO. F-1.
THE QUESTION OF WHETHER OR NOT THE UNITED STATES IS THE PROPER PARTY TO BE ASSESSED FOR POSSIBLE ADDITIONAL TRANSPORTATION CHARGES ON FRUSTRATED SHIPMENTS MOVING UNDER PREPAID COMMERCIAL BILLS OF LADING IS ONE OF THE ISSUES NOW BEFORE THE COURT OF CLAIMS IN PENNSYLVANIA RAILROAD COMPANY V. UNITED STATES, C.CLS. NO. 50027.
ACCORDINGLY, A FURTHER DECISION ON YOUR CLAIM MAY NOT BE RENDERED AT THIS TIME.