B-139771, DEC. 30, 1959

B-139771, DEC. 30, 1959

TO UNION PACIFIC RAILROAD COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 10, 1959, FILE CO- 60828, IN WHICH YOU REQUEST RECONSIDERATION OF OUR DECISION OF AUGUST 5, 1959 (B-139771), WHICH SUSTAINED OUR CERTIFICATE OF SETTLEMENT IN CLAIM NO. TE-648070, DISALLOWING YOUR SUPPLEMENTAL BILL NO. A-60828-B, IN THE AMOUNT OF $760.34. YOUR CLAIM WAS ASSERTED IN CONNECTION WITH A SHIPMENT OF 117,882 POUNDS OF CANNED MEATS MOVING FROM HOUSTON, TEXAS, TO OLYMPIA, WASHINGTON, UNDER GOVERNMENT BILLS OF LADING NOS. A-3213768 AND A-513526, DURING 1943, WITH STORAGE IN TRANSIT AT DENVER, COLORADO.

YOU ALLEGE THAT ITEM 14 PARAGRAPH (B), OF AMENDMENT NO. 8 TO ASSOCIATION OF AMERICAN RAILROADS SECTION 22 QUOTATION NO. 41-B WAS NOT COMPLIED WITH IN THAT THE INBOUND CARRIER, THE DENVER AND RIO GRANDE WESTERN RAILROAD, DID NOT ASSUME THE RESPONSIBILITY FOR THE OUTBOUND MOVEMENT BY ISSUING THE OUTBOUND WAYBILL, AND THAT NOTICE OF THE OUTBOUND MOVEMENT WAS NOT GIVEN THE DENVER AND RIO GRANDE WESTERN RAILROAD.

THAT PART OF PARAGRAPH (B) OF ITEM 14 TO WHICH YOU REFER PROVIDES THAT "ALL ARRANGEMENTS FOR THE OUTBOUND MOVEMENT OF EACH SHIPMENT FROM SUCH TRANSIT POINT MUST BE MADE WITH SUCH INBOUND CARRIER.' THERE IS NOTHING IN THIS PROVISION WHICH WOULD REQUIRE THE INBOUND CARRIER TO ISSUE THE OUTBOUND WAYBILL OR ASSUME THE RESPONSIBILITY FOR THE OUTBOUND BILL OF LADING, OR THAT THE INBOUND CARRIER MUST PARTICIPATE AS A LINE-HAUL CARRIER IN THE OUTBOUND MOVEMENT. THIS PROVISION, WHICH IS STANDARD IN MOST TRANSIT QUOTATIONS, MERELY REQUIRES COORDINATION OF THE OUTBOUND MOVEMENT WITH THE INBOUND CARRIER. THE OUTBOUND BILL OF LADING, NO. A- 513526, MAKES PROPER REFERENCE TO THE INBOUND BILL OF LADING, THE SIZE AND NUMBER OF THE CAR USED FOR THAT PORTION OF THE SHIPMENT, AND THE SEALS APPLIED. THE OUTBOUND BILL BEARS THE NOTATION:

"THIS SHIPMENT, PROPERTY OF THE FEDERAL SURPLUS COMMODITIES CORPORATION, MOVED ON COMMERCIAL BILL OF LADING, FROM WHICH ALL DATA HAS BEEN CORRECTLY COPIED.'

APPARENTLY THIS INFORMATION WAS TAKEN FROM UNION PACIFIC FREIGHT WAYBILL NO. 4066, WHICH MAKES REFERENCE TO INBOUND BILL OF LADING NO. A 3213768. IT IS UNDERSTOOD THAT THE WEICKER TRANSFER AND STORAGE COMPANY, WHICH STORED THIS SHIPMENT, IS LOCATED ONLY ON THE DENVERAND RIO GRANDE WESTERN RAILROAD. IT FOLLOWS, THEREFORE, THAT TENDER OF THE CAR BY THE STORAGE COMPANY WAS MADE TO THE DENVER AND RIO GRANDE WESTERN RAILROAD. SINCE THAT CARRIER DID NOT PARTICIPATE IN THE OUTBOUND MOVEMENT, THERE WAS NO REQUIREMENT THAT IT ISSUE THE LINE HAUL WAYBILL.

IN VIEW OF THE FOREGOING, IT IS APPARENT THAT THE TRANSIT OPERATION WAS IN ACCORDANCE WITH THE PROVISIONS OF THE QUOTATION. ACCORDINGLY, OUR DECISION OF AUGUST 5, 1959, IS NOT FOUND TO BE IN ERROR, AND IS AFFIRMED.