B-160108, AUG. 4, 1969

B-160108, AUG. 4, 1969

TRANSPORTATION - PROPERTY LOSS OR DAMAGE IN TRANSIT DECISION TO TRANSAMERICAN FREIGHT LINES, INC., SUSTAINING DECISION OF MAY 28, 1969, DISALLOWING CLAIM FOR PROPERTY LOST IN TRANSIT AND CREDIT FOR VALUE OF TURBINE ENGINE PARTS RETURNED SINCE PROPERTY HAD TO BE RETURNED AND PREVIOUS LOSS OF ONE CARTON OF ENGINE PARTS MAY NOT BE SUBSTITUTED FOR PROPERTY UNACCOUNTABLY FOUND IN POSSESSION OF CARRIER.

TO TRANSAMERICAN FREIGHT LINES, INC.:

PLEASE REFER TO YOUR LETTER OF JULY 9, 1969, YOUR CLAIM NO. 7-66523, CONCERNING THE DEDUCTION OF $5,267.61 TO COVER THE VALUE OF ONE CARTON OF LOST GOVERNMENT PROPERTY DESCRIBED AS "I/C ENGINE PARTS NOI STEEL.' THIS CARTON WAS PART OF A LESS TRUCKLOAD SHIPMENT OF MISCELLANEOUS FREIGHT TRANSPORTED UNDER GOVERNMENT BILL OF LADING B-9478825. YOU REQUEST RECONSIDERATION OF OUR EARLIER DECISION SUSTAINING THE DISALLOWANCE OF YOUR CLAIM FOR A CREDIT OF $4,920, THE REPORTED ADMINISTRATIVE VALUE OF CERTAIN TURBINE BLADES RETURNED BY YOU TO THE TINKER AIR FORCE BASE, OKLAHOMA.

SINCE YOU HAVE NOT FURNISHED ANY ADDITIONAL EVIDENCE TO RELIEVE YOU OF THE PRIMA FACIE LIABILITY FOR THE SHORTAGE OF ONE CARTON OF ENGINE PARTS UNDER GOVERNMENT BILL OF LADING B-9478825, WE MUST AGAIN REJECT YOUR PROPOSAL THAT YOU RECEIVE A CREDIT OF $4,920 FOR THE RETURN OF 15 CARTONS OF GOVERNMENT PROPERTY TO TINKER AIR FORCE BASE. THIS PROPERTY EVENTUALLY HAD TO BE RETURNED TO THE GOVERNMENT AS YOU HAD NO RIGHT TO IT, AND YOUR LIABILITY FOR THE PREVIOUS LOSS HAD NO CONNECTION WITH, AND COULD NOT BE SATISFIED BY SUBSTITUTION OF, OTHER GOVERNMENT PROPERTY UNACCOUNTABLY FOUND IN YOUR POSSESSION.

ACCORDINGLY, WE AFFIRM OUR DECISION OF MAY 28, 1969, CONCLUDING THAT YOU ARE NOT ENTITLED TO ANY CREDIT IN THE CIRCUMSTANCES.