B-128788, NOV. 6, 1956

B-128788, NOV. 6, 1956

TO SPANISH TRAIL TRANSPORT, INC.:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 24, 1956, REQUESTING REVIEW OF THE DISALLOWANCE OF YOUR CLAIM FOR $42.95, WHICH AMOUNT YOU PREVIOUSLY REFUNDED BECAUSE OF AN OVERPAYMENT STATED AGAINST THE FREIGHT CHARGES PAID FOR SHIPMENTS MOVING UNDER GOVERNMENT BILLS OF LADING WX-6952293, DATED JULY 19, 1950, AND WX-7787473, DATED AUGUST 3, 1950.

WHILE THE NOTICE OF OVERPAYMENT AND YOUR REFUND COVERED OVERPAYMENTS ON THE SHIPMENTS TRANSPORTED UNDER THE TWO BILLS OF LADING, IT IS NOTED THAT IN REQUESTING REVIEW OF OUR DISALLOWANCE OF YOUR CLAIM FOR REPAYMENT OF THE AMOUNT PREVIOUSLY REFUNDED YOU REFER ONLY TO THE SHIPMENT MOVING FROM PLANEHAVEN, CALIFORNIA, TO BROOKLEY, ALABAMA, UNDER BILL OF LADING WX- 6952293, UPON WHICH THE OVERPAYMENT STATED AND REFUNDED WAS ONLY IN THE AMOUNT OF $32.74. ALSO, IN BOTH YOUR CLAIM LETTER AND THE LETTER REQUESTING REVIEW, YOU PROTEST THE USE OF AN AGGREGATE OF INTERMEDIATE RATES; WHEREAS, THE RECORD DOES NOT SHOW THAT SUCH BASIS WAS USED IN COMPUTING EITHER OF THE OVERPAYMENTS STATED AGAINST THE TWO BILLS OF LADING.

FOR THE TRANSPORTATION SERVICES RENDERED UNDER BILL OF LADING WX 6952293, ABB'S TRANSFER AND SERVICE COMPANY, INCORPORATED--- WHICH COMPANY HAD BEEN ADOPTED BY YOU ON JULY 11, 1950--- CLAIMED $243, COMPUTED BY THE USE OF A COMBINATION OF RATES OF $6.55 AND $1.02 PER HUNDRED POUNDS ON THE ACTUAL WEIGHT OF 3,200 POUNDS CONTAINED IN THE SHIPMENT, AND WAS PAID ACCORDINGLY ON VOUCHER 51,750 OF THE SEPTEMBER 1950 ACCOUNTS OF ARMY DISBURSING OFFICER S. E. BIGNELL. IN THE EXAMINATION OF THE FREIGHT CHARGES PAID, IT WAS DETERMINED THAT THE THIRD-CLASS RATE (PER ITEM 49900 OF NATIONAL MOTOR FREIGHT CLASSIFICATION 10, MF-I.C.C. 19) OF $6.55 PER HUNDRED POUNDS, NAMED IN PACIFIC MOUNTAIN MOTOR FREIGHT BUREAU TRANS-CONTINENTAL CLASS TARIFF 5 A, MF-I.C.C. 31, WAS THE APPLICABLE RATE FROM ORIGIN TO DESTINATION AND A NOTICE OF OVERPAYMENT WAS ISSUED REQUESTING A REFUND OF THE $32.74 OVERPAID ON THIS BILL OF LADING. THE BALANCE OF $10.21 STATED ON THE NOTICE OF OVERPAYMENT WAS AGAINST THE FREIGHT CHARGES PAID ON BILL OF LADING WX-7787473, COVERING A SHIPMENT OF MISCELLANEOUS ITEMS MOVING FROM PANAMA CITY, FLORIDA, TO BROOKLEY, ALABAMA, USING THE THROUGH RATES NAMED IN SOUTHERN MOTOR CARRIERS RATE CONFERENCE TAFIFF 1-B, MF-I.C.C. 370. SINCE JULY 19, 1950, THE DATE THE SHIPMENT MOVED FROM PLANEHAVEN, CALIFORNIA, EN ROUTE TO BROOKLEY, ALABAMA, ROCKY MOUNTAIN MOTOR FREIGHT BUREAU TARIFF 5-A WAS NOT SUBJECT TO ANY ROUTING OTHER THAN AS STATED IN ROCKY MOUNTAIN MOTOR FREIGHT BUREAU TARIFF 1-A, MF-I.C.C. 30, WHICH PROVIDED IN ITEM 835 THAT ALL THE CARRIERS PARTICIPATING IN THE JOINT RATES NAMED IN THE RATE TARIFF WOULD INTERCHANGE THE TRAFFIC AT ALL POINTS SERVED BY SUCH CARRIER. THE NOTICE OF OVERPAYMENT SET FORTH A FOUR- CARRIER ROUTE VIA WHICH THE CITED RATE WOULD APPLY.

IN RESPONSE TO THE NOTICE OF OVERPAYMENT, YOU FORWARDED A CHECK DATED APRIL 13, 1953, IN THE AMOUNT OF $32.74, AND AFTER INQUIRY CONCERNING THE PARTIAL REMITTANCE, YOU FORWARDED ANOTHER CHECK DATED MAY 11, 1953, IN THE AMOUNT OF $10.21. THEREAFTER, ON DECEMBER 14, 1955, YOU CLAIMED THE AMOUNT OF $42.95, WHICH YOU ALLEGED HAD BEEN ERRONEOUSLY REFUNDED. IT WAS CONTENDED THAT THE BASIS SET FORTH ON THE FORM 1003 EMPLOYED A NEW ORLEANS COMBINATION; WHEREAS, A THROUGH RATE OF $6.55 WAS APPLICABLE VIA THE ROUTE OF MOVEMENT, WHICH WAS THE THIRD-CLASS RATE PUBLISHED IN ,RMMTB-TC TARIFF 5-A.' YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT CERTIFICATE DATED MAY 18, 1956, SHOWING THE USE OF JOINT THROUGH RATES AND CITING THE AUTHORITIES FOR THE RATES USED. UNFORTUNATELY, HOWEVER, A STATEMENT WAS ALSO INCLUDED ON THE DISALLOWANCE FORM ASSERTING THE RIGHT TO USE AN AGGREGATE OF INTERMEDIATE RATES, EVEN THOUGH SUCH A BASIS HAD NOT, IN FACT, BEEN USED IN OUR SETTLEMENT. APPARENTLY, THAT STATEMENT ALTHOUGH INACCURATE, HAS LED YOU TO BELIEVE THAT OUR SETTLEMENT WAS BASED ON AN AGGREGATE OF INTERMEDIATES, INSTEAD OF BEING BASED ON THE THIRD-CLASS RATE NAMED IN PACIFIC MOUNTAIN MOTOR FREIGHT BUREAU TRANS-CONTINENTAL CLASS TARIFF 5-A, MF-I.C.C. 31.

ACCORDINGLY, SINCE THE STATEMENT IN YOUR LETTER OF DECEMBER 14, 1955--- THAT A THROUGH RATE OF $6.55 PER HUNDRED POUNDS WAS THE APPLICABLE THROUGH RATE--- IS CONSISTENT WITH THE BASIS USED IN OUR SETTLEMENT, THERE APPEARS TO BE NO REASON FOR MODIFICATION OF THE PRIOR ACTION AND, THEREFORE, THE SETTLEMENT OF MAY 18, 1956, IS SUSTAINED.