B-145517, SEP. 23, 1963
Highlights
TO THE NORTHERN PACIFIC RAILWAY COMPANY: REFERENCE IS MADE TO YOUR LETTERS OF JULY 5 AND SEPTEMBER 3. THE SOLE ISSUE INVOLVED IS THE PROPER CLASSIFICATION OF THE COMMODITY SHIPPED. THIS WAS THE PRIMARY ISSUE IN THE CASE OF WESTERN PACIFIC RAILROAD COMPANY V. SINCE THE RECORD SHOWS THAT THERE ARE NO SECONDARY ISSUES INVOLVED IN THESE CLAIMS. WE HAVE RETURNED THE RECORD TO OUR TRANSPORTATION DIVISION WITH INSTRUCTIONS TO SETTLE YOUR CLAIMS ON THE BASIS OF THE RULING IN THE WESTERN PACIFIC CASE. YOU WILL RECEIVE NOTICE OF SETTLEMENT IN DUE COUSE.
B-145517, SEP. 23, 1963
TO THE NORTHERN PACIFIC RAILWAY COMPANY:
REFERENCE IS MADE TO YOUR LETTERS OF JULY 5 AND SEPTEMBER 3, 1963 (SUBJECT: 2549-2), PERTAINING TO YOUR BILLS F-63069-B-12/56 AND F 63068-B- 12/56 FOR $17,656.89 AND $45,840.16, RESPECTIVELY, REPRESENTING ADDITIONAL CHARGES CLAIMED ON SEVERAL SHIPMENTS DESCRIBED ON THE BILLS OF LADING AS "BOMBS INFLAMMABLE SOLID, NOIBN (BOMB, INCENDIARY, PTI, 500 LB. LESS FUZING COMPONENTS, AN-N76).'
THE SOLE ISSUE INVOLVED IS THE PROPER CLASSIFICATION OF THE COMMODITY SHIPPED. THIS WAS THE PRIMARY ISSUE IN THE CASE OF WESTERN PACIFIC RAILROAD COMPANY V. UNITED STATES, CT.CL.NO. 42-54. IN THE FINAL JUDICIAL DETERMINATION OF THE CONTROVERSY THE PLAINTIFF PREVAILED IN THE MATTER. ACCORDINGLY, AND SINCE THE RECORD SHOWS THAT THERE ARE NO SECONDARY ISSUES INVOLVED IN THESE CLAIMS, WE HAVE RETURNED THE RECORD TO OUR TRANSPORTATION DIVISION WITH INSTRUCTIONS TO SETTLE YOUR CLAIMS ON THE BASIS OF THE RULING IN THE WESTERN PACIFIC CASE, IF CORRECT IN OTHER RESPECTS. YOU WILL RECEIVE NOTICE OF SETTLEMENT IN DUE COUSE.