B-132017, OCT. 14, 1963

B-132017: Oct 14, 1963

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INC.: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 24. THE ALUMINUM ARTICLES CHARGE BASIS USED IN OUR AUDIT IS SUBSTANTIATED BY AN ADMINISTRATIVE REPORT. IN THIS SITUATION NO USEFUL PURPOSE WILL BE SERVED BY A FURTHER DETAILED REVIEW OF THE MATTER.

B-132017, OCT. 14, 1963

TO DIXIE OHIO EXPRESS, INC.:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 24, 1963, REPEATING YOUR REQUEST FOR FURTHER CONSIDERATION OF OUR DECISION OF SEPTEMBER 11, 1957, WHICH HAS BEEN THE SUBJECT OF SEVERAL AFFIRMATIONS, THE LATEST BEING THAT OF SEPTEMBER 17, 1963. THIS MATTER CONCERNS CLAIMS FOR ADDITIONAL FREIGHT CHARGES ON SHIPMENTS OF GOVERNMENT PROPERTY THAT MOVED FROM DETROIT, MICHIGAN, TO MARIETTA, GEORGIA, DURING 1952 AND 1953.

WE NOTE AGAIN, AS IN OUR DECISION OF SEPTEMBER 17, 1963, THAT YOU PRESENT NO NEW MATERIAL EVIDENCE TENDING TO ESTABLISH THAT THE SHIPMENTS SHOULD BE RATED AS AIRPLANE PARTS INSTEAD OF ALUMINUM ARTICLES, NOIBN. THE ALUMINUM ARTICLES CHARGE BASIS USED IN OUR AUDIT IS SUBSTANTIATED BY AN ADMINISTRATIVE REPORT, WHICH CONTAINS CORROBORATING STATEMENTS FROM THE LOCKHEED AIRCRAFT CORPORATION. IN THIS SITUATION NO USEFUL PURPOSE WILL BE SERVED BY A FURTHER DETAILED REVIEW OF THE MATTER, WHICH HAS RECEIVED CAREFUL CONSIDERATION IN OUR PREVIOUS DECISIONS SUSTAINING THE DISALLOWANCE OF YOUR CLAIMS.