B-148582, DEC. 3, 1962
Highlights
INC.: WE HAVE CONSIDERED YOUR REQUEST FOR REVIEW OF THE SETTLEMENT IN CLAIM TK- 711796. THIS AMOUNT IS ALLEGED TO BE DUE IN CONNECTION WITH THREE SHIPMENTS OF BOMB FIN ASSEMBLIES. YOUR CLAIM IS PREMISED UPON THE CONTENTION THAT A LESS-THAN TRUCKLOAD QUANTITY OF FREIGHT WHICH FILLS A VEHICLE TO CAPACITY AND MOVES UNDER THE SHIPPER'S SEALS SHOULD BE CONSIDERED TO HAVE BEEN TENDERED AS A TRUCKLOAD OR VOLUME SHIPMENT WOULD SERVE NO USEFUL PURPOSE TO THE SHIPPER AND THE FACT OF SEALING THE VEHICLE DOES NOT DEPRIVE THE CARRIER OF THE USE OF ANY SPACE THEREIN. SUCH SHIPMENTS ARE LESS- THAN-TRUCKLOAD SHIPMENTS AND THE ALLOWABLE CHARGES ARE TO BE DETERMINED ACCORDINGLY. WAS CONSISTENT WITH THE FOREGOING VIEW AND ACCORDINGLY THE SETTLEMENT IS SUSTAINED.
B-148582, DEC. 3, 1962
TO NAVAJO FREIGHT LINES, INC.:
WE HAVE CONSIDERED YOUR REQUEST FOR REVIEW OF THE SETTLEMENT IN CLAIM TK- 711796, DATED FEBRUARY 12, 1962, WHICH DISALLOWED YOUR CLAIM ON BILL 28-A- 10-22-A, CLAIM 1520-3, FOR $260.33. THIS AMOUNT IS ALLEGED TO BE DUE IN CONNECTION WITH THREE SHIPMENTS OF BOMB FIN ASSEMBLIES, IN LOTS LESS THAN THE VOLUME MINIMUM WEIGHT, TRANSPORTED FROM THE MORRIS STAMPING AND MANUFACTURING COMPANY, LOS ANGELES, CALIFORNIA, TO THE NAVAJO ORDNANCE DEPOT, BELLEMONT, ARIZONA, DURING 1951.
YOUR CLAIM IS PREMISED UPON THE CONTENTION THAT A LESS-THAN TRUCKLOAD QUANTITY OF FREIGHT WHICH FILLS A VEHICLE TO CAPACITY AND MOVES UNDER THE SHIPPER'S SEALS SHOULD BE CONSIDERED TO HAVE BEEN TENDERED AS A TRUCKLOAD OR VOLUME SHIPMENT WOULD SERVE NO USEFUL PURPOSE TO THE SHIPPER AND THE FACT OF SEALING THE VEHICLE DOES NOT DEPRIVE THE CARRIER OF THE USE OF ANY SPACE THEREIN. COMPARE CURTIS LIGHTING, INC. V. MID-STATES FREIGHT LINES, 303 I.C.C. 576. IN THE ABSENCE OF ANY SPECIAL CIRCUMSTANCES OR CONSIDERATIONS WARRANTING A CONTRARY CONCLUSION, SUCH SHIPMENTS ARE LESS- THAN-TRUCKLOAD SHIPMENTS AND THE ALLOWABLE CHARGES ARE TO BE DETERMINED ACCORDINGLY. THE DISALLOWANCE OF YOUR CLAIM IN OUR SETTLEMENT OF FEBRUARY 12, 1962, WAS CONSISTENT WITH THE FOREGOING VIEW AND ACCORDINGLY THE SETTLEMENT IS SUSTAINED.
THE RECORD INDICATES THAT THERE MAY HAVE BEEN A CONSIDERABLE FLOW OF THIS TRAFFIC; IN YOUR REQUEST FOR REVIEW YOU MENTIONED THIRTY OTHER CLAIMS COVERING SHIPMENTS UNDER THE SAME ROUTE ORDER AS THE SUBJECT SHIPMENTS. WE HAVE INSTRUCTED OUR TRANSPORTATION DIVISION THAT THE APPLICABLE TRANSPORTATION CHARGES THEREFOR ARE PROPERLY DETERMINABLEIN THE LIGHT OF THE FOREGOING, TAKING INTO CONSIDERATION ANY SPECIAL CIRCUMSTANCES THAT MAY BE SHOWN BY THE RECORD. NOTICE OF ANY REVISION OF SETTLEMENT THAT MAY BE NECESSARY WILL BE SENT TO YOU BY THE TRANSPORTATION DIVISION.