B-135767, MAR. 23, 1961
Highlights
TO CENTRAL OF GEORGIA RAILWAY COMPANY: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 19. THE DISALLOWANCE OF YOUR CLAIM AS TO THE INSTANT SHIPMENTS ON THE BASIS THAT 50 PERCENT OF THE GOVERNMENT PROPERTY MOVED FOR MILITARY OR NAVAL USE AND 50 PERCENT FOR CIVIL USE WAS SUSTAINED BY OUR DECISION OF APRIL 29. WHICH IN EFFECT CONCLUDED THAT THE PROPERTY INVOLVED WAS ENTITLED TO A 100 PERCENT MILITARY CHARACTERIZATION FOR LAND-GRANT PURPOSES. YOU NOW CONTEND THE CARRIER IS OWED ADDITIONAL CHARGES OF $181.77 FOR THE SHIPMENTS IN QUESTION SINCE COMMISSIONER MASTIN G. HAS RULED THAT 30.8 PERCENT OF A SIMILAR SHIPMENT WAS FOR CIVIL USE. IT IS OUR UNDERSTANDING THAT NO FINAL DECISION HAS BEEN RENDERED BY THE COURT OF CLAIMS IN THE CITED CASE.
B-135767, MAR. 23, 1961
TO CENTRAL OF GEORGIA RAILWAY COMPANY:
REFERENCE IS MADE TO YOUR LETTER OF JANUARY 19, 1961, FILE N-33425-6 A, ACKNOWLEDGED JANUARY 30, 1961, ASKING FOR A REVIEW OF OUR SETTLEMENT OF JANUARY 3, 1961, WHICH DISALLOWED YOUR CLAIM FOR $181.77 ADDITIONAL FREIGHT CHARGES STATED ON SUPPLEMENTAL BILL N-33452-B-G-R 2484. THE DISALLOWANCE OF YOUR CLAIM AS TO THE INSTANT SHIPMENTS ON THE BASIS THAT 50 PERCENT OF THE GOVERNMENT PROPERTY MOVED FOR MILITARY OR NAVAL USE AND 50 PERCENT FOR CIVIL USE WAS SUSTAINED BY OUR DECISION OF APRIL 29, 1958, B-135767, WHICH IN EFFECT CONCLUDED THAT THE PROPERTY INVOLVED WAS ENTITLED TO A 100 PERCENT MILITARY CHARACTERIZATION FOR LAND-GRANT PURPOSES.
YOU NOW CONTEND THE CARRIER IS OWED ADDITIONAL CHARGES OF $181.77 FOR THE SHIPMENTS IN QUESTION SINCE COMMISSIONER MASTIN G. WHITE OF THE COURT OF CLAIMS IN THE CASE OF CENTRAL OF GEORGIA RAILWAY COMPANY V. THE UNITED STATES, CT.CL.NO. 316-57, HAS RULED THAT 30.8 PERCENT OF A SIMILAR SHIPMENT WAS FOR CIVIL USE. IT IS OUR UNDERSTANDING THAT NO FINAL DECISION HAS BEEN RENDERED BY THE COURT OF CLAIMS IN THE CITED CASE, ORAL ARGUMENTS OF THE PARTIES TO THE SUIT BEFORE THE COURT HAVING BEEN HEARD ON FEBRUARY 28, 1961, THE CARRIER BEING REPRESENTED BY JOHN C. SIPPLE, ESQUIRE. INSOFAR AS COMMISSIONER WHITE'S RECOMMENDATIONS OF FEBRUARY 23, 1960, IN THAT CASE ARE CONCERNED, IT IS NOTED THAT HE IN EFFECT RECOMMENDED THAT ONLY THE NET LAND-GRANT RATES, ALREADY PAID TO YOU, BE ALLOWED ON THE GROUND THAT THE CARRIER "HAS NOT MET THE BURDEN IMPOSED BY IT TO SHOW BY COMPETENT EVIDENCE THAT THE * * * STEEL BILLETS, AND COILED STEEL RODS INCLUDED IN THE 1944 SHIPMENTS WERE OUTSIDE THE CATEGORY OF "MILITARY OR NAVAL PROPERTY OF THE UNITED STATES MOVING FOR MILITARY OR NAVAL AND NOT FOR CIVIL USE.' UNITED STATES V. NEW YORK, NEW HAVEN AND HARTFORD RAILROAD CO., " 355 U.S. 253.
THE RECORD AND YOUR LETTER OF JANUARY 19, 1961, THUS FURNISH NO INFORMATION WHICH WOULD WARRANT A MODIFICATION OF OUR DECISION OF APRIL 29, 1958; HOWEVER, SHOULD THE CARRIER PREVAIL IN THE CITED COURT OF CLAIMS CASE, AND YOU FEEL THAT BASED UPON SUCH FINAL DECISION ADDITIONAL AMOUNTS ARE PAYABLE, THE MATTER MAY BE RESUBMITTED FOR FURTHER CONSIDERATION IN THE LIGHT OF THE ULTIMATE RULING IN THE COURT CASE.