B-126605, JUL. 12, 1957
Highlights
TO ILLINOIS CENTRAL RAILROAD: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 19. IT IS YOUR CONTENTION THAT THE ENCLOSURE. THE REFERENCE MADE IN THIS LETTER APPARENTLY IS TO CERTAIN INFORMATION SENT TO OUR OFFICE BY THE MILITARY TRAFFIC MANAGEMENT AGENCY IN A LETTER DATED FEBRUARY 12. WHICH WERE ISSUED FOR THE SPECIFIC PURPOSE OF CORRECTING THE DESCRIPTIONS SHOWN ON THE REFERRED-TO BILLS OF LADING. WAS THE SUBJECT OF OUR DECISION B-126605. THIS DECISION HELD THAT IN THE ABSENCE OF CONVINCING EVIDENCE THAT THE INFORMATION FURNISHED BY THE WAR DEPARTMENT IN THE FORMS TC 790 WAS INCORRECT. WAS NOTED IN THIS DECISION THAT THE LETTER OF OCTOBER 23. MERELY CORROBORATED THE UNDISPUTED FACT AS TO HOW THE SHIPMENTS IN QUESTION WERE DESCRIBED ON GOVERNMENT BILLS OF LADING WT 8078456 AND WT-8078462.
B-126605, JUL. 12, 1957
TO ILLINOIS CENTRAL RAILROAD:
REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 19, 1957, FILE G-WQ 6057-A- WAG, WITH ENCLOSURES, REQUESTING PAYMENT OF YOUR BILL WQ-6057-A PERTAINING TO SHIPMENTS OF GOVERNMENT PROPERTY TRANSPORTED FROM MILAN, TENNESSEE, TO DOYLINE, LOUISIANA, UNDER GOVERNMENT BILLS OF LADING WT 8078456 AND WT- 8078462, ON DECEMBER 7 AND 8, 1943 RESPECTIVELY.
APPARENTLY, IT IS YOUR CONTENTION THAT THE ENCLOSURE--- A COPY OF A LETTER TO YOU FROM THE MILITARY TRAFFIC MANAGEMENT AGENCY, U.S. ARMY, DATED FEBRUARY 12, 1957--- CONTAINS REFERENCE TO ANOTHER LETTER WHICH FURNISHED OUR OFFICE WITH ADDITIONAL INFORMATION IN SUPPORT OF YOUR CLAIM. THE REFERENCE MADE IN THIS LETTER APPARENTLY IS TO CERTAIN INFORMATION SENT TO OUR OFFICE BY THE MILITARY TRAFFIC MANAGEMENT AGENCY IN A LETTER DATED FEBRUARY 12, 1957.
THE QUESTION OF THE CORRECTNESS OF THE INFORMATION CONTAINED IN THE WAR DEPARTMENT FORMS TC 790, WHICH WERE ISSUED FOR THE SPECIFIC PURPOSE OF CORRECTING THE DESCRIPTIONS SHOWN ON THE REFERRED-TO BILLS OF LADING, WAS THE SUBJECT OF OUR DECISION B-126605, FEBRUARY 6, 1956. THIS DECISION HELD THAT IN THE ABSENCE OF CONVINCING EVIDENCE THAT THE INFORMATION FURNISHED BY THE WAR DEPARTMENT IN THE FORMS TC 790 WAS INCORRECT, SUCH INFORMATION MUST BE GIVEN FULL CREDIT IN OUR AUDIT OF THESE SHIPMENTS. WAS NOTED IN THIS DECISION THAT THE LETTER OF OCTOBER 23, 1953, FROM LEO J. SWEENEY, CIVILIAN IN CHARGE, KANSAS CITY TRANSPORTATION CORPS UNIT, U.S. ARMY, KANSAS CITY, MISSOURI, MERELY CORROBORATED THE UNDISPUTED FACT AS TO HOW THE SHIPMENTS IN QUESTION WERE DESCRIBED ON GOVERNMENT BILLS OF LADING WT 8078456 AND WT-8078462, AND CONTAINED NOTHING TO JUSTIFY OUR DISREGARDING THE SUPPLEMENTAL BILL-OF-LADING INFORMATION FURNISHED IN THE WAR DEPARTMENT FORMS TC 790.
IN COMPLIANCE WITH THE REQUEST IN YOUR LETTER OF FEBRUARY 19, 1957, A COPY OF A LETTER DATED FEBRUARY 12, 1957, WHICH WAS ADDRESSED TO OUR OFFICE BY THE MILITARY TRAFFIC MANAGEMENT AGENCY, U.S. ARMY, IS ENCLOSED. THE SETTLEMENT IN THIS CASE APPEARS TO BE CONSISTENT WITH THE INFORMATION GIVEN IN THE LETTER OF FEBRUARY 12, 1957, THE LATTER APPEARING TO SUPPORT THE SETTLEMENT BASIS RATHER THAN SUPPORTING YOUR VIEW.
ACCORDINGLY, UPON RECONSIDERATION, THE DISALLOWANCE OF YOUR CLAIM ON BILL NO. WQ-6057-A IN OUR SETTLEMENT OF JANUARY 17, 1955, IS AFFIRMED.