B-134777, MAR. 6, 1958

B-134777, MAR. 6, 1958

TO THE LEHIGH VALLEY RAILROAD:

CONSIDERATION HAS BEEN GIVEN YOUR REQUEST FOR REVIEW OF THE SETTLEMENT OF MARCH 4, 1957 (TK-628321), WHICH DISALLOWED YOUR CLAIM, ON SUPPLEMENTAL BILL NO. 1796-A, FOR $750.70. THE CLAIM WAS FOR ADDITIONAL TRANSPORTATION CHARGES ALLEGED TO BE DUE THE LEHIGH VALLEY RAILROAD COMPANY FOR TRANSPORTING UNITED STATES MILITARY PERSONNEL FROM CAMP KILMER, NEW JERSEY, TO FORT SAM HOUSTON AND EL PASO, TEXAS, ON TRANSPORTATION REQUESTS WQ-21701331 AND WQ-21701333, DURING AUGUST 1945.

IN AUGUST 1945, THE WAR DEPARTMENT TENDERED TO THE LEHIGH VALLEY RAILROAD COMPANY AND THE PULLMAN COMPANY SEVERAL TRANSPORTATION REQUESTS WHICH CALLED FOR TRANSPORTATION AND ACCOMMODATIONS FOR A MOVEMENT OF TROOPS IN THREE GROUPS FROM CAMP KILMER, NEW JERSEY, TO FORT SAM HOUSTON AND EL PASO, TEXAS, AND TO SAN PEDRO, CALIFORNIA. THE TROOP MOVEMENT WAS DESIGNATED "MAIN 30705," AND THE TRANSPORTATION REQUESTS ISSUED TO THE LEHIGH VALLEY RAILROAD COMPANY CONTAINED REFERENCES TO THOSE ISSUED TO THE PULLMAN COMPANY AND VICE VERSA.

ORIGINALLY, ON BILL NO. 1796, YOU WERE PAID FOR TRANSPORTING 339 PERSONS ON TRANSPORTATION REQUESTS WQ-21701331 AND 57 PERSONS ON TRANSPORTATION REQUEST WQ-21701333. AN EXAMINATION OF PULLMAN COMPANY TRANSPORTATION REQUESTS WQ-210701332 AND WQ-2170134--- ASSOCIATED IN OUR AUDIT WITH THE CARRIER'S TRANSPORTATION REQUESTS--- SHOWED THAT THE PULLMAN COMPANY WAS PAID TRANSPORTATION CHARGES FOR THE CARRIAGE OF ONLY 326 PERSONS AND 55 PERSONS, RESPECTIVELY. AS A RESULT, THE TRANSPORTATION CHARGES PAID THE CARRIER ON TRANSPORTATION REQUESTS WQ 21701331 AND WQ-21701333 WERE ADJUSTED TO THOSE APPLICABLE FOR THE TRANSPORTATION OF THE NUMBER OF PERSONS FOR WHICH THE PULLMAN COMPANY WAS PAID, AND THE TOTAL OVERPAYMENT OF $750.70--- REPRESENTING TRANSPORTATION CHARGES FOR THE 15 EXCESS PERSONS--- WAS SUBSEQUENTLY RECOVERED BY DEDUCTIONS FROM AMOUNTS OTHERWISE DUE THE LEHIGH VALLEY RAILROAD COMPANY.

YOU THEN FILED SUPPLEMENTAL BILL 1796-A CLAIMING $750.70, THE AMOUNT COLLECTED BY DEDUCTION FOR THE OVERPAYMENTS ON TRANSPORTATION REQUESTS WQ- 21701331 AND WQ-21701333. THE CLAIM WAS DISALLOWED BECAUSE, OTHER THAN THE SHOWING OF A CONFLICT BETWEEN THE CARRIER BILLINGS AND THE PULLMAN COMPANY BILLINGS ON THE SEVERAL TRANSPORTATION REQUESTS INVOLVED IN "MAIN 30705," NO EVIDENCE WAS PRESENTED WHICH SHOWED THAT THE ADJUSTED PAYMENT BASIS ON TRANSPORTATION REQUESTS WQ-21701331 AND WQ-21701333 WAS INCORRECT. THEREAFTER, WITH YOUR LETTER OF APRIL 30, 1957, FILE 711-1796, YOU SUBMITTED PHOTOSTATIC COPIES OF PULLMAN COMPANY FORMS 93,1267,"CERTIFICATE OF PULLMAN ACCOMMODATIONS FURNISHED," WHICH SHOW THE ACCOMMODATIONS FURNISHED ON THE PULLMAN TRANSPORTATION REQUESTS ISSUED FOR "MAIN 30705.' HOWEVER, THESE FORMS SHOW THAT 326 PERSONS (NOT 339 PERSONS) AND 55 PERSONS (NOT 57 PERSONS), RESPECTIVELY, WERE FURNISHED ACCOMMODATIONS ON PULLMAN TRANSPORTATION REQUESTS WQ-21701332 AND WQ- 21701334. SINCE THE ADJUSTMENT OF THE RAIL TRANSPORTATION CHARGES PAID TO YOU ON RELATED TRANSPORTATION REQUESTS WQ-21701331 AND WQ-21701333 ALREADY HAD BEEN MADE ON THAT BASIS, OUR TRANSPORTATION DIVISION INFORMED YOU THAT THE DISALLOWANCE OF YOUR CLAIM WAS PROPER.

IN YOUR REQUEST FOR REVIEW, YOU CONTEND, IN EFFECT, THAT THE PULLMAN COMPANY, IN SOME MANNER, HAS INCLUDED THE 15 EXCESS PERSONS IN A GROUP OF 153 PERSONS TRANSPORTED TO SAN PEDRO, CALIFORNIA, UNDER PULLMAN COMPANY TRANSPORTATION REQUEST WQ-21701321 (CROSS REFERENCED TO THE CARRIER'S TRANSPORTATION REQUEST WQ-21701320). THESE TRANSPORTATION REQUESTS WERE AMONG THOSE ISSUED FOR ,MAIN 30705.'

YOU REPORT THAT THE INTERESTED RAIL LINES ALL AGREE THAT 339 PERSONS WERE CARRIED ON THE CARRIER'S TRANSPORTATION REQUEST WQ-21701331 AND 57 PERSONS ON THE CARRIER'S TRANSPORTATION REQUEST WQ-21701333, BUT THAT ONLY 134 PERSONS WERE TRANSPORTED ON THE CARRIER'S TRANSPORTATION REQUEST WQ- 21701320. ON THE OTHER HAND, THE PRESENT RECORD SHOWS THAT THE PULLMAN COMPANY BILLED AND RECEIVED PAYMENT FOR TRANSPORTING 326 PERSONS IN TRANSPORTATION REQUEST WQ-21701332, 55 PERSONS ON TRANSPORTATION REQUEST WQ-21701334, AND 153 PERSONS ON TRANSPORTATION REQUEST WQ-21701321. THE LATTER FIGURES ARE SUPPORTED BY COPIES OF THE PULLMAN COMPANY'S "CERTIFICATE OF PULLMAN ACCOMMODATIONS FURNISHED," WHICH EVIDENCE WAS FURNISHED BY YOU.

OTHER THAN YOUR ASSERTIONS OF BILLING ERROR BY THE PULLMAN COMPANY, YOU HAVE NOT PRESENTED ANY EVIDENCE WHICH SUSTAINS YOUR CONTENTIONS THAT 15 MORE PERSONS ACTUALLY TRAVELED ON LEHIGH VALLEY RAILROAD COMPANY'S TRANSPORTATION REQUEST WQ-21701321. THE BURDEN IS ON THE CLAIMANT TO ESTABLISH CLEARLY THE LIABILITY OF THE UNITED STATES AND THE CLAIMANT'S RIGHT TO PAYMENT (23 COMP. GEN. 907, 908; 18 ID. 980; 4 C.F.R. 54.5 (22 FR 10905) ( AND, ON THE BASIS OF THE EVIDENCE NOW WITH THE RECORD, YOU HAVE NOT MET THIS BURDEN. ANY ADDITIONAL EVIDENCE YOU HAVE WHICH SUPPORTS YOUR CONTENTIONS WILL BE GIVEN PROMPT CONSIDERATION UPON ITS RECEIPT HERE.

FOR THE REASONS GIVEN ABOVE, THE DISALLOWANCE OF YOUR CLAIM WAS PROPER AND IT IS, THEREFORE, ..END :