B-126533, MAY 28, 1956

B-126533: May 28, 1956

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TO TEXAS AND NEW ORLEANS RAILROAD COMPANY: REFERENCE IS MADE TO YOUR LETTER FILE NO. IS ORDERED AND A LARGER CAR IS FURNISHED AT THE CARRIER'S CONVENIENCE. IS PRESENTLY IN ISSUE BEFORE THE INTERSTATE COMMERCE COMMISSION IN UNITED STATES OF AMERICA V. YOUR CLAIM FOR ADDITIONAL FREIGHT CHARGES WILL BE HELD IN ABEYANCE.

B-126533, MAY 28, 1956

TO TEXAS AND NEW ORLEANS RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR LETTER FILE NO. WW-7203-10-RG, REQUESTING REVIEW OF THE SETTLEMENT CERTIFICATE DATED SEPTEMBER 1, 1955, IN CLAIM NO. TK 576804, ISSUED BY THE TRANSPORTATION DIVISION OF OUR OFFICE, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL FREIGHT CHARGES OF $47.95 FOR THE TRANSPORTATION OF ONE VEHICLE, MOTOR, PASSENGER, WEIGHING 10,500 POUNDS, FROM WICHITA, KANSAS, TO DEL RIO, TEXAS, ON GOVERNMENT BILL OF LADING NO. AF-3551647, DATED SEPTEMBER 20, 1954.

THE QUESTION IN THIS CASE CONCERNS THE APPLICATION OF AN EXCEPTIONS TARIFF ITEM NAMING CARLOAD MINIMUM WEIGHTS ON VEHICLES AND PROVIDING THAT THE MINIMUM WEIGHT IN EVERY CASE SHALL BE THAT FOR THE SIZE CAR USED.

THE REASONABLENESS OF A SIMILAR RULE, IN SITUATIONS WHERE A SMALLER CAR, ENTIRELY ADEQUATE FOR A SHIPMENT, IS ORDERED AND A LARGER CAR IS FURNISHED AT THE CARRIER'S CONVENIENCE, IS PRESENTLY IN ISSUE BEFORE THE INTERSTATE COMMERCE COMMISSION IN UNITED STATES OF AMERICA V. BOSTON AND MAINE RAILROAD COMPANY, ET AL., DOCKET NO. 31782, AND IN UNITED STATES OF AMERICA V. THE BALTIMORE AND OHIO RAILROAD COMPANY, ET AL., DOCKET NO. 31870. PENDING A FINAL DETERMINATION OF THOSE CASES, YOUR CLAIM FOR ADDITIONAL FREIGHT CHARGES WILL BE HELD IN ABEYANCE.

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