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B-126558, SEPT. 19, 1956

B-126558 Sep 19, 1956
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TO HIGHWAY TRANSPORTATION COMPANY: REFERENCE IS MADE TO YOUR REQUEST FOR A REVIEW OF THE AUDIT AND DEDUCTION ACTION TAKEN BY OUR TRANSPORTATION DIVISION ON YOUR BILLS FOR TRANSPORTATION SERVICES COVERING SHIPMENTS OF INCOMPLETE BOMB BODIES FILLED WITH INFLAMMABLE MATERIALS. THE QUESTION AS TO THE ALLOWABLE CHARGES FOR THESE M69 BOMBS WAS CONSIDERED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY IN THE CASE OF UNITED STATES V. IT WAS DECIDED BY THE COURT THAT THESE M69 BOMBS WERE NOT RATABLE AS EXPLOSIVE AMMUNITION. THAT CASE IS NOW PENDING IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. ALSO THE QUESTION AS TO WHETHER A RATING PROVIDED FOR INCENDIARY BOMBS IS PROPERLY APPLICABLE TO BOMB BODIES.

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B-126558, SEPT. 19, 1956

TO HIGHWAY TRANSPORTATION COMPANY:

REFERENCE IS MADE TO YOUR REQUEST FOR A REVIEW OF THE AUDIT AND DEDUCTION ACTION TAKEN BY OUR TRANSPORTATION DIVISION ON YOUR BILLS FOR TRANSPORTATION SERVICES COVERING SHIPMENTS OF INCOMPLETE BOMB BODIES FILLED WITH INFLAMMABLE MATERIALS, DESCRIBED ON THE BILLS OF LADING AS INCENDIARY BOMBS, M69.

THE QUESTION AS TO THE ALLOWABLE CHARGES FOR THESE M69 BOMBS WAS CONSIDERED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY IN THE CASE OF UNITED STATES V. THOMAS APICELLA CIVIL NO. C-650 53, AND IT WAS DECIDED BY THE COURT THAT THESE M69 BOMBS WERE NOT RATABLE AS EXPLOSIVE AMMUNITION. THAT CASE IS NOW PENDING IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, THOMAS APICELLA V. UNITED STATES, NO. 12018. ALSO THE QUESTION AS TO WHETHER A RATING PROVIDED FOR INCENDIARY BOMBS IS PROPERLY APPLICABLE TO BOMB BODIES, FILLED WITH NAPALM GEL IS PENDING IN THE SUPREME COURT OF THE UNITED STATES ON CERTIORARI IN CONNECTION WITH A DECISION OF THE COURT OF CLAIMS IN WESTERN PACIFIC RAILROAD COMPANY V. UNITED STATES, C.CLS. NO. 42-54. IN THESE CIRCUMSTANCES NO FURTHER ACTION WILL BE TAKEN TOWARD COLLECTION OF THE OVERPAYMENTS STILL OUTSTANDING, PENDING A FINAL JUDICIAL DETERMINATION OF THE QUESTION INVOLVED, EXCEPT AS A DUE PROTECTION OF THE INTERESTS OF THE UNITED STATES IN THE INTERIM MAY REQUIRE OTHERWISE. ACTION ON YOUR CLAIMS TO RECOVER ANY SUMS THAT MAY HAVE BEEN COLLECTED TO ADJUST SUCH OVERPAYMENTS WILL LIKEWISE BE SIMILARLY HELD IN ABEYANCE.

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