B-134690, JUL. 25, 1960
Highlights
TO TENNESSEE CENTRAL RAILWAY COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 29. THE CONEX CONTAINER QUESTION IS NOT A T-109 SUBJECT BUT WE ARE WILLING TO AGREE AS FOLLOWS TO THE HANDLING OF THIS MATTER IN ORDER TO AVOID FURTHER LITIGATION ON THIS QUESTION. THE CLAIMS WHICH APPARENTLY ARE BASED ON RATES APPLICABLE TO LIFT VANS. HAVE BEEN DISALLOWED AND ARE NOW IN OUR CLOSED FILES. THE QUESTION WHETHER CONEX CONTAINERS ARE PROPERLY SUBJECT TO IRON OR STEEL CONTAINER RATES OR TO LIFT VAN RATES IS NOW BEFORE THE UNITED STATES COURT OF CLAIMS IN THE CASE OF ILLINOIS CENTRAL RAILROAD V. IN THE EVENT THE FINAL DECISION IN THAT CASE IS AGAINST THE GOVERNMENT. WE WILL. SUFFICIENT DATA AND INFORMATION DEFINITELY IDENTIFYING THE SETTLEMENTS AND BILLS INVOLVED WOULD HAVE TO BE FURNISHED TO FACILITATE RECOVERING THE FILES FOR RECONSIDERATION.
B-134690, JUL. 25, 1960
TO TENNESSEE CENTRAL RAILWAY COMPANY:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 29, 1960, WHEREIN YOU REQUESTED THAT CERTAIN CLAIMS OF THE TENNESSEE CENTRAL RAILWAY COMPANY, PERTAINING TO FREIGHT CHARGES APPLICABLE ON CONEX CONTAINERS, BE HANDLED UNDER OUR T-109 PROCEDURE. THERE HAS BEEN RECEIVED, ALSO, YOUR LETTER OF JULY 18, 1960, RELATIVE TO THIS MATTER. THE CONEX CONTAINER QUESTION IS NOT A T-109 SUBJECT BUT WE ARE WILLING TO AGREE AS FOLLOWS TO THE HANDLING OF THIS MATTER IN ORDER TO AVOID FURTHER LITIGATION ON THIS QUESTION.
THE RECORDS HERE SHOW THAT THE TENNESSEE CENTRAL RAILWAY COMPANY HAS FILED 19 SUPPLEMENTAL BILLS, IN THE APPROXIMATE AMOUNT OF $11,000, TO RECLAIM SETOFFS MADE HERE TO ADJUST THE PERTINENT ACCOUNTS TO THE BASIS OF IRON OR STEEL CONTAINER RATES. THE CLAIMS WHICH APPARENTLY ARE BASED ON RATES APPLICABLE TO LIFT VANS, HAVE BEEN DISALLOWED AND ARE NOW IN OUR CLOSED FILES. THE QUESTION WHETHER CONEX CONTAINERS ARE PROPERLY SUBJECT TO IRON OR STEEL CONTAINER RATES OR TO LIFT VAN RATES IS NOW BEFORE THE UNITED STATES COURT OF CLAIMS IN THE CASE OF ILLINOIS CENTRAL RAILROAD V. UNITED STATES, COURT OF CLAIMS NO. 296-59, SET FOR TRIAL IN SEPTEMBER OF THIS YEAR.
IN THE EVENT THE FINAL DECISION IN THAT CASE IS AGAINST THE GOVERNMENT, WE WILL, UPON RECEIPT FROM THE TENNESSEE CENTRAL RAILWAY COMPANY OF A REQUEST FOR REVIEW OF THE SPECIFIC SETTLEMENTS IN QUESTION, REOPEN THE ACCOUNTS AND ADJUST THEM TO THE CHARGE BASIS FOUND APPLICABLE BY THE COURT. SUFFICIENT DATA AND INFORMATION DEFINITELY IDENTIFYING THE SETTLEMENTS AND BILLS INVOLVED WOULD HAVE TO BE FURNISHED TO FACILITATE RECOVERING THE FILES FOR RECONSIDERATION. IN THE EVENT THE DECISION IS IN FAVOR OF THE GOVERNMENT, OR IN THE EVENT THE TENNESSEE CENTRAL RAILWAY COMPANY FAILS TO FILE A REQUEST FOR REVIEW OF THESE SETTLEMENTS AFTER THE FINAL DECISION IN THE ILLINOIS CENTRAL CASE, WE WILL TAKE NO FURTHER ACTION RESPECTING THESE ACCOUNTS AND WILL CONSIDER THE SETTLEMENTS AS FINAL.