B-197184 L/M, MAR 26, 1980
Highlights
FOR OVERCHARGES THAT WERE COLLECTED BY BRASWELL MOTOR FREIGHT LINES. THE GBL WAS ISSUED ON NOVEMBER 15. THEIR NOTICE OF OVERCHARGE WAS SENT BY GSA TO YELLOW ON THE THEORY THAT YELLOW WAS MANAGING BRASWELL'S OPERATIONS. GSA'S REPORT INDICATES THAT THE ADMINISTRATION NOW AGREES THAT SINCE THE SHIPMENT WAS TRANSPORTED PRIOR TO THE FILING DATE OF THE PETITION. YELLOW IS NOT LIABLE FOR THE OVERCHARGE. THE DEDUCTION FROM MONIES DUE YELLOW WAS IMPROPER. IT WOULD APPEAR THAT IF THE CLAIM IS OTHERWISE PROPER. THE AMOUNT CLAIMED WILL BE ALLOWED. FOR THESE REASONS YOUR REQUEST FOR REVIEW BY THE COMPTROLLER GENERAL IS DISMISSED AS MOOT.
B-197184 L/M, MAR 26, 1980
OFFICE OF GENERAL COUNSEL ATTENTION: JAMES D. HESTAND, OVERCHARGE CLAIMS ADJUSTER
YELLOW FREIGHT SYSTEM, INC.:
WE REFER AGAIN TO YOUR LETTER OF DECEMBER 11, 1979, REQUESTING REVIEW OF ACTION TAKEN BY THE GENERAL SERVICES ADMINISTRATION (GSA), IN COLLECTING BY DEDUCTION, $475.36 FROM YELLOW FREIGHT SYSTEM, INC. (YELLOW), FOR OVERCHARGES THAT WERE COLLECTED BY BRASWELL MOTOR FREIGHT LINES, INC., FOR THE TRANSPORTATION OF A SHIPMENT OF PROPELLANT NITROGEN TETROXIDE FROM VICKSBURG, MISSISSIPPI, TO VAN NUYS, CALIFORNIA, UNDER GOVERNMENT BILL OF LADING (GBL) K-5405056.
THE GBL WAS ISSUED ON NOVEMBER 15, 1976, AND BRASWELL FILED A PETITION FOR AN ARRANGEMENT UNDER THE FEDERAL BANKRUPTCY ACT ON DECEMBER 2, 1976. THEIR NOTICE OF OVERCHARGE WAS SENT BY GSA TO YELLOW ON THE THEORY THAT YELLOW WAS MANAGING BRASWELL'S OPERATIONS.
GSA'S REPORT INDICATES THAT THE ADMINISTRATION NOW AGREES THAT SINCE THE SHIPMENT WAS TRANSPORTED PRIOR TO THE FILING DATE OF THE PETITION, YELLOW IS NOT LIABLE FOR THE OVERCHARGE, AND THE DEDUCTION FROM MONIES DUE YELLOW WAS IMPROPER. THEREFORE, IT WOULD APPEAR THAT IF THE CLAIM IS OTHERWISE PROPER, THE AMOUNT CLAIMED WILL BE ALLOWED. FOR THESE REASONS YOUR REQUEST FOR REVIEW BY THE COMPTROLLER GENERAL IS DISMISSED AS MOOT.