B-144864, MAY 15, 1961
Highlights
LTD.: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 6. WE HAVE TODAY INSTRUCTED OUR TRANSPORTATION DIVISION TO RECOMPUTE THE CHARGES FOR THE INVOLVED SHIPMENT AND TO ALLOW YOUR CLAIM IF OTHERWISE PROPER. YOUR ATTENTION IS INVITED TO THE FACT THAT YOUR CAUSE OF ACTION FOR THE FREIGHT CHARGES AROSE ON COMPLETION OF THE TRANSPORTATION SERVICES IN JUNE 1945 AND THAT PAYMENT WAS MADE THEREFOR IN AUGUST 1945. NO FURTHER CLAIM IN THE MATTER WAS MADE BY YOU UNTIL SEPTEMBER 1958. SUCH CLAIM AND ANY SUBSEQUENT CLAIM IS BARRED BY THE 10 YEAR STATUTE OF LIMITATIONS.
B-144864, MAY 15, 1961
TO WESTERN TRUCK LINES, LTD.:
REFERENCE IS MADE TO YOUR LETTER OF JANUARY 6, 1961, IN WHICH YOU ASK FOR A REVIEW OF OUR SETTLEMENT CERTIFICATE OF DECEMBER 8, 1960. THIS SETTLEMENT DISALLOWED YOUR CLAIM ON BILL NO. G-01387 FOR ADDITIONAL FREIGHT CHARGES OF $488.25 ON A SHIPMENT OF GOVERNMENT PROPERTY TRANSPORTED FROM HAWTHORNE, NEVADA, TO FALLBROOK, CALIFORNIA, UNDER BILL OF LADING N-7920828, DATED JUNE 15, 1945.
SINCE THE RECORD NOW INDICATES THAT THE SHIPMENT CONSISTED OF ROCKETHEADS, ROCKET MOTORS AND ROCKET FINS THAT WHEN ASSEMBLED MAKE A COMPLETE ROCKET, WE HAVE TODAY INSTRUCTED OUR TRANSPORTATION DIVISION TO RECOMPUTE THE CHARGES FOR THE INVOLVED SHIPMENT AND TO ALLOW YOUR CLAIM IF OTHERWISE PROPER. IN THIS CONNECTION, YOUR ATTENTION IS INVITED TO THE FACT THAT YOUR CAUSE OF ACTION FOR THE FREIGHT CHARGES AROSE ON COMPLETION OF THE TRANSPORTATION SERVICES IN JUNE 1945 AND THAT PAYMENT WAS MADE THEREFOR IN AUGUST 1945. NO FURTHER CLAIM IN THE MATTER WAS MADE BY YOU UNTIL SEPTEMBER 1958, MORE THAN 10 YEARS THEREAFTER. SUCH CLAIM AND ANY SUBSEQUENT CLAIM IS BARRED BY THE 10 YEAR STATUTE OF LIMITATIONS, 31 U.S.C. 71A, EXCEPT TO THE EXTENT OF THE DEDUCTION OF $116.03 MADE PURSUANT TO 49 U.S.C. 66 IN JANUARY 1959.