B-118968, APR. 13, 1956

B-118968: Apr 13, 1956

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WE HAVE CAREFULLY REVIEWED THE ENTIRE MATTER. WE FIND NOTHING THEREIN FROM WHICH WE CAN ESTABLISH WITH REASONABLE CERTAINTY THAT THE TANKS WERE DELIVERED OR THAT THERE ARE CIRCUMSTANCES IN THE CASE WHICH EXONERATE THE CARRIER FOR NONDELIVERY. ARE AFFIRMED.

B-118968, APR. 13, 1956

TO MR. C. E. TOLLAS, FREIGHT CLAIM AGENT, NORTHERN PACIFIC RAILROAD:

ON JUNE 21, 1955, YOU TRANSMITTED YOUR ENTIRE CLAIM FILE 0 909612, DESK 7, CONCERNING YOUR SUPPLEMENTAL BILL FOR A REFUND OF $1,730.77, DEDUCTED FROM YOUR BILL FR-44574 1/2 FOR THE LOSS OF TWO TANKS FROM A CARLOAD SHIPMENT CONSIGNED TO COMMANDING OFFICER, PASCO HOLDING AND RECONSIGNING POINT, PASCO, WASHINGTON, UNDER BILL OF LADING DA TPS 428649, MAY 1943. YOU REQUEST RECONSIDERATION OF OUR DECISION OF JUNE 8, 1955, WHICH AFFIRMED THE DISALLOWANCE OF YOUR CLAIM FOR REFUND.

WE HAVE CAREFULLY REVIEWED THE ENTIRE MATTER, INCLUDING THE MATERIALS IN YOUR FILE. WE FIND NOTHING THEREIN FROM WHICH WE CAN ESTABLISH WITH REASONABLE CERTAINTY THAT THE TANKS WERE DELIVERED OR THAT THERE ARE CIRCUMSTANCES IN THE CASE WHICH EXONERATE THE CARRIER FOR NONDELIVERY. ACCORDINGLY, THE SETTLEMENT OF OCTOBER 20, 1952, AND THE DECISION OF JUNE 8, 1955, ARE AFFIRMED.

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