B-85549, SEP. 13, 1960

B-85549: Sep 13, 1960

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LOUIS RAILROAD COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 27. WE HAVE CAREFULLY REVIEWED THE RECORDS IN THIS CASE AND WE NOTE THAT THE AMOUNT NOW CLAIMED REPRESENTS THE CHARGES PAID IN ON THE INITIAL SHIPMENT FROM LEBANON TO BAKER. WHICH CHARGES WERE SUBSEQUENTLY REFUNDED TO THE TRANSIT OPERATOR AT BAKER IN ACCORDANCE WITH THE PROVISIONS OF ITEM 1545 (C) OF NORTH PACIFIC COAST FREIGHT BUREAU LOCAL FREIGHT TARIFF NO. 34 -W. THERE WAS NOTHING IN THE RECORD OF THE ORIGINAL PAYMENT VOUCHER COVERING THIS SHIPMENT TO DEFINITELY INDICATE WHICH METHOD OF SETTLEMENT HAD BEEN APPLIED WITH RESPECT TO THIS PARTICULAR TRANSACTION. SINCE THE ADDITIONAL EVIDENCE SUBSEQUENTLY SUPPLIED CLEARLY SHOWS THAT THE SETTLEMENT WAS MADE IN ACCORDANCE WITH PARAGRAPH (C) OF THE CITED ITEM 1545.

B-85549, SEP. 13, 1960

TO THE NEW YORK, CHICAGO AND ST. LOUIS RAILROAD COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 27, 1960, FILE NKP GOVT. BILL-4026, IN WHICH YOU REQUEST A REVIEW OF THE DISALLOWANCE OF YOUR COMPANY'S CLAIM FOR ADDITIONAL CHARGES OF $321.87 ON A SHIPMENT OF FIR LUMBER, FROM LEBANON, OREGON, TRANSITED AT BAKER, OREGON, INTO BOX SHOOKS, AND RESHIPPED TO PLUM BROOK, OHIO, IN SEPTEMBER 1944.

WE HAVE CAREFULLY REVIEWED THE RECORDS IN THIS CASE AND WE NOTE THAT THE AMOUNT NOW CLAIMED REPRESENTS THE CHARGES PAID IN ON THE INITIAL SHIPMENT FROM LEBANON TO BAKER, OREGON, WHICH CHARGES WERE SUBSEQUENTLY REFUNDED TO THE TRANSIT OPERATOR AT BAKER IN ACCORDANCE WITH THE PROVISIONS OF ITEM 1545 (C) OF NORTH PACIFIC COAST FREIGHT BUREAU LOCAL FREIGHT TARIFF NO. 34 -W, AGENT W. J. BOHON'S I.C.C. NO. 618. THE SAID ITEM ALSO AUTHORIZES AN ALTERNATE METHOD OF SETTLEMENTS ON SHIPMENTS ACCORDED TRANSIT PRIVILEGES AT BAKER, OREGON, AS MORE FULLY DESCRIBED IN PARAGRAPHS (A) AND (B) OF ITEM 1545, AND THERE WAS NOTHING IN THE RECORD OF THE ORIGINAL PAYMENT VOUCHER COVERING THIS SHIPMENT TO DEFINITELY INDICATE WHICH METHOD OF SETTLEMENT HAD BEEN APPLIED WITH RESPECT TO THIS PARTICULAR TRANSACTION.

HOWEVER, SINCE THE ADDITIONAL EVIDENCE SUBSEQUENTLY SUPPLIED CLEARLY SHOWS THAT THE SETTLEMENT WAS MADE IN ACCORDANCE WITH PARAGRAPH (C) OF THE CITED ITEM 1545, WE HAVE CONCLUDED THAT YOUR CLAIM SHOULD NOW BE ALLOWED AND HAVE AUTHORIZED OUR TRANSPORTATION DIVISION TO MAKE SETTLEMENT ACCORDINGLY, IF OTHERWISE PROPER. NOTICE OF THE ADDITIONAL ALLOWANCE SHOULD REACH YOU IN DUE ..END :

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