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B-142485, FEB. 1, 1962

B-142485 Feb 01, 1962
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INC.: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 22. YOUR SUPPLEMENTAL BILL 8919-B FOR $51.62 FILED SIMULTANEOUSLY WITH YOUR REQUEST FOR RECONSIDERATION IS APPARENTLY TO RECOVER THE SUM OF $40.49 DISALLOWED BY OUR SETTLEMENT PLUS THE OVERCHARGE OF $11.13 RECOVERED BY DEDUCTION AS AUTHORIZED BY 49 U.S.C. 66. OUR SETTLEMENT WAS COMPUTED ON THE BASIS OF A RELEASED CLASSIFICATION RATING AND YOU CONTEND THE SETTLEMENT SHOULD BE ON THE BASIS OF AN UNRELEASED EXCEPTIONS RATING. THE SETTLEMENT WAS IN ACCORD WITH THE INTERSTATE COMMERCE COMMISSION'S HOLDING IN UPJOHN COMPANY V. WHICH HELD THAT A RATING BASED ON RELEASED VALUATIONS IS SEPARATE AND DISTINCT FROM A RATING BASED ON UNRELEASED VALUATIONS.

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B-142485, FEB. 1, 1962

TO GARRETT FREIGHT LINES, INC.:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 22, 1961, ENCLOSING YOUR BILL 8919-B, IN WHICH YOU, IN EFFECT, REQUEST RECONSIDERATION OF OUR DECISION OF JUNE 22, 1960, B-142485. SUCH DECISION SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR $40.49 ON BILL NO. 8919-A, FOR ADDITIONAL CHARGES FOR THE TRANSPORTATION OF JET PROPULSION TYPE AIRPLANE INTERNAL COMBUSTION ENGINES FROM MIDWEST CITY, OKLAHOMA,TO GOWEN FIELD (BOISE), IDAHO, UNDER GOVERNMENT BILL OF LADING AF 7166111, DATED APRIL 30, 1957. YOUR SUPPLEMENTAL BILL 8919-B FOR $51.62 FILED SIMULTANEOUSLY WITH YOUR REQUEST FOR RECONSIDERATION IS APPARENTLY TO RECOVER THE SUM OF $40.49 DISALLOWED BY OUR SETTLEMENT PLUS THE OVERCHARGE OF $11.13 RECOVERED BY DEDUCTION AS AUTHORIZED BY 49 U.S.C. 66.

BILL OF LADING AF-7166111 BEARS THE NOTATION "RELEASED TO HIGHEST VALUE APPLICABLE TO THE LOWEST CLASSIFICATION RATING.' OUR SETTLEMENT WAS COMPUTED ON THE BASIS OF A RELEASED CLASSIFICATION RATING AND YOU CONTEND THE SETTLEMENT SHOULD BE ON THE BASIS OF AN UNRELEASED EXCEPTIONS RATING. THE SETTLEMENT WAS IN ACCORD WITH THE INTERSTATE COMMERCE COMMISSION'S HOLDING IN UPJOHN COMPANY V. PENNSYLVANIA R.CO., 306 I.C.C. 325, WHICH HELD THAT A RATING BASED ON RELEASED VALUATIONS IS SEPARATE AND DISTINCT FROM A RATING BASED ON UNRELEASED VALUATIONS, AND THEREFORE AN EXCEPTIONS RATING OR COMMODITY RATES BASED ON UNRELEASED VALUATIONS REMOVES FROM THE CLASSIFICATION ONLY THE CLASSIFICATION RATING BASED ON UNRELEASED VALUATIONS, LEAVING THE CLASSIFICATION RATING ON RELEASED VALUATIONS UNAFFECTED.

OUR DECISION OF JUNE 22, 1960, B-142485, FULLY EXPLAINED OUR POSITION AND OUR DECISION OF DECEMBER 20, 1961, B-144924, COPY ATTACHED, TO YOU, CONSIDERED ALL THE POINTS RAISED IN YOUR PRESENT REQUEST AND SUSTAINED OUR POSITION RELATIVE TO THE ISSUE OF RELEASED VALUATIONS RATINGS. SINCE IT IS OUR VIEW THAT THE UPJOHN DECISION IS DETERMINATIVE OF THE ISSUE AND AS YOU HAVE FURNISHED NO NEW EVIDENCE NOT PREVIOUSLY CONSIDERED, WE PERCEIVE NO PROPER BASIS ON THE PRESENT RECORD, FOR MODIFYING OUR PRIOR DECISION.

HOWEVER, THE RELEASED VALUATION ISSUE IS PRESENTLY PENDING IN SEVERAL SUITS BEFORE THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS, NAMELY T.I.M.E., INC. V. UNITED STATES, CIVIL ACTION NOS. 2628, 2629, 2637 AND 2638, AND STRICKLAND TRANSPORTATION CO. V. UNITED STATES, CIVIL ACTION NO. 8662. IN THE EVENT THE FINAL JUDICIAL UNITED STATES, CIVIL ACTION NO. 8662. IN THE EVENT THE FINAL JUDICIAL DECISIONS IN THESE CASES ARE ADVERSE TO THE UNITED STATES AND YOU FEEL, BASED UPON SUCH FINAL DECISIONS, THAT YOUR CLAIM IS PROPERLY FOR ALLOWANCE, WE WILL, UPON YOUR REQUEST, RECONSIDER OUR CONCLUSION HEREIN.

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