B-126951, MAR. 26, 1956

B-126951: Mar 26, 1956

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MOBILE AND OHIO RAILROAD COMPANY: REFERENCE IS MADE TO YOUR REQUEST FOR REVIEW OF SETTLEMENT CERTIFICATE NO. YOU CONTEND THAT AT THE TIME OF SHIPMENT THE LOWEST BASIS OF RATES AVAILABLE WAS THE COMBINATION OF RATES OVER THE TRANSIT POINT. IS PRESENTLY BEING CONSIDERED IN GULF. FURTHER ACTION ON YOUR CLAIM WILL BE HELD IN ABEYANCE.

B-126951, MAR. 26, 1956

TO MR. Y. D. LOTT, VICE-PRESIDENT AND COMPTROLLER, GULF, MOBILE AND OHIO RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR REQUEST FOR REVIEW OF SETTLEMENT CERTIFICATE NO. TK-194506, WHICH COMPUTED CHARGES ON A SHIPMENT OF AMMUNITION FOR CANNON WITH SOLID PROJECTILES ORIGINATING AT MILAN, TENNESSEE, AND STOPPED IN TRANSIT AT BYNUM, ALABAMA, AND AT THE BACK UP DEPOT AT SPANN, LOUISIANA, AT THE BASIS OF THE THROUGH RATE APPLYING FROM MILAN, TENNESSEE, TO THE PORT OF EXPORTATION, BRAITHWAITE, LOUISIANA, UNDER AUTHORITY OF SECTION 22 QUOTATIONS NOS. 31-B AND 40 A. YOU CONTEND THAT AT THE TIME OF SHIPMENT THE LOWEST BASIS OF RATES AVAILABLE WAS THE COMBINATION OF RATES OVER THE TRANSIT POINT, LESS LAND GRANT.

THE QUESTION OF THE AVAILABILITY OF TRANSIT UNDER SECTION 22 QUOTATION NO. 31-B, WITH A SUBSEQUENT TRANSIT UNDER SECTION 22 QUOTATION NO. 40-A, IS PRESENTLY BEING CONSIDERED IN GULF, MOBILE AND OHIO RAILROAD COMPANY V. UNITED STATES. C.CLS. NO. 9-55, AND UNTIL THE QUESTION HAS BEEN FINALLY DECIDED BY THE COURT IN THAT CASE, FURTHER ACTION ON YOUR CLAIM WILL BE HELD IN ABEYANCE.

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