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B-146633, FEB. 27, 1963

B-146633 Feb 27, 1963
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B. JAMES FREIGHT LINES: WE HAVE YOUR LETTER OF FEBRUARY 12. THIS ACTION WAS BASED ON THE FOLLOWING NOTATIONS ON THE BILLS OF LADING: "SUBJECT TO APPLICABLE TARIFF RATES LAWFULLY ON FILE WITH ICC AND/OR CRC HIGHWAY CARRIERS TARIFF NUMBER TWO (2). AS THE MAXIMUM TO WHICH THE GOVERNMENT IS LIABLE. YOU ARGUE THAT THE NOTATION SHOULD NOT HAVE BEEN PLACED ON THE BILLS OF LADING FOR THE REASON THAT THE ANNOTATION QUOTED ABOVE "* * * WAS DEVISED BY THE GOVERNMENT DURING OPA. THIS ANNOTATION SHOULD HAVE BEEN DISCONTINUED AFTER OPA. IN VIEW OF OUR (YOUR) NEGOTIATED RATE AGREEMENT WITH THE GOVERNMENT * * *" YOU ALSO REFER TO CERTAIN STATEMENTS REPORTED TO HAVE BEEN MADE BY REPRESENTATIVES OF OUR OFFICE IN CONFERENCES AND TO THE CONGRESS.

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B-146633, FEB. 27, 1963

TO A. B. JAMES FREIGHT LINES:

WE HAVE YOUR LETTER OF FEBRUARY 12, 1963, FILE NO. N-466/48, UC-148, 164143, IN WHICH YOU AGAIN REQUEST RECONSIDERATION OF OUR DECISIONS OF FEBRUARY 1 AND OCTOBER 1, 1962, B-146633, IN WHICH WE SUSTAINED THE DISALLOWANCE OF YOUR CLAIMS FOR ADDITIONAL FREIGHT CHARGES ALLEGED TO BE DUE ON INTRASTATE SHIPMENTS TRANSPORTED UNDER GOVERNMENT BILLS OF LADING NOS. N-30530045 AND N-30518411 TO THE EXTENT THAT THE CHARGES CLAIMED EXCEEDED CHARGES COMPUTED ON THE BASIS OF RATES IN CALIFORNIA RAILROAD COMMISSION HIGHWAY CARRIERS' TARIFF NO. 2. THIS ACTION WAS BASED ON THE FOLLOWING NOTATIONS ON THE BILLS OF LADING: "SUBJECT TO APPLICABLE TARIFF RATES LAWFULLY ON FILE WITH ICC AND/OR CRC HIGHWAY CARRIERS TARIFF NUMBER TWO (2), AS A MAXIMUM," WHICH WE HELD INCORPORATE BY REFERENCE, AS THE MAXIMUM TO WHICH THE GOVERNMENT IS LIABLE, THE RATES REFERRED TO INTO THE BILL OF LADING CONTRACT OF CARRIAGE.

NO NEW EVIDENCE HAS BEEN PRESENTED WITH YOUR PRESENT REQUEST FOR RECONSIDERATION. HOWEVER, YOU ARGUE THAT THE NOTATION SHOULD NOT HAVE BEEN PLACED ON THE BILLS OF LADING FOR THE REASON THAT THE ANNOTATION QUOTED ABOVE "* * * WAS DEVISED BY THE GOVERNMENT DURING OPA, AND THIS ANNOTATION SHOULD HAVE BEEN DISCONTINUED AFTER OPA, 9 NOVEMBER 1946, ESPECIALLY, IN VIEW OF OUR (YOUR) NEGOTIATED RATE AGREEMENT WITH THE GOVERNMENT * * *" YOU ALSO REFER TO CERTAIN STATEMENTS REPORTED TO HAVE BEEN MADE BY REPRESENTATIVES OF OUR OFFICE IN CONFERENCES AND TO THE CONGRESS. WHETHER OR NOT THE NOTATION SHOULD HAVE BEEN PLACED ON THE BILLS OF LADING, IT WAS PLACED ON THEM AND YOU ACCEPTED THE BILLS OF LADING WITH THAT NOTATION, THEREBY COMPLETING THE CONTRACT OF CARRIAGE INCORPORATING BY REFERENCE THE RATES IN CRC AS MAXIMUM AS POINTED OUT IN OUR PRIOR DECISIONS. ALSO, AS POINTED OUT ON PAGE TWO OF OUR PRIOR DECISION OF FEBRUARY 1, 1962, THE GOVERNMENT, UNLIKE OTHER CONSIGNORS OR CONSIGNEES, IS FREE TO CONTRACT FOR TRANSPORTATION SERVICES, BOTH IN INTRASTATE AND INTERSTATE COMMERCE, AT LOWER RATES THAN THOSE AVAILABLE TO THE GENERAL PUBLIC.

WHILE THE MATTERS REFERRED TO BY YOU HAVE BEEN CONSIDERED, WE PERCEIVE NO PROPER BASIS FOR MODIFYING OUR PRIOR DECISIONS SUSTAINING THE DISALLOWANCE OF YOUR CLAIMS AND SUCH CONCLUSION IS ACCORDINGLY AFFIRMED.

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