B-130179, DEC. 9, 1957

B-130179, DEC. 9, 1957

TO CHICAGO GREAT WESTERN RAILWAY COMPANY:

REFERENCE IS MADE TO YOUR LETTERS OF DECEMBER 19, 1956, AND MAY 20, 1957, FILE NO. 2476-3-D, CONCERNING YOUR CLAIMS FOR $13,375.77 IN ADDITIONAL CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION OF VARIOUS SHIPMENTS OF SCRAP STEEL FROM PACIFIC COAST POINTS TO THE INLAND STEEL COMPANY, INDIANA HARBOR, INDIANA, DURING 1944 AND 1945.

THE ISSUE INVOLVED IN THESE CLAIMS IS WHETHER THE SUBJECT SHIPMENTS WERE "MILITARY OR NAVAL PROPERTY OF THE UNITED STATES MOVING FOR MILITARY OR NAVAL AND NOT FOR CIVIL USE," AND THEREBY ENTITLED TO THE APPLICATION OF LAND-GRANT RATES, PURSUANT TO SECTION 321 (A) OF THE TRANSPORTATION ACT OF 1940, 54 STAT. 898, 954 (49 U.S.C. 65). IN CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY V. UNITED STATES, C.CLS. NO. 49213 (DECIDED JUNE 5, 1957/--- A CASE CONCERNING SHIPMENTS OF A SIMILAR NATURE CONSIGNED TO THE GRANITE CITY STEEL COMPANY, GRANITE CITY, ILLINOIS, AND THE INLAND STEEL COMPANY, INDIANA HARBOR, INDIANA--- THE COURT DETERMINED THE PERCENTAGES OF SCRAP STEEL ACTUALLY DIVIDED BETWEEN CIVIL AND MILITARY END USES FOR THE PERIODS INVOLVED BY UTILIZING THE STEEL COMPANIES' DOLLAR VOLUME SALES FIGURES WHICH WERE SUBMITTED TO THE GOVERNMENT FOR RENEGOTIATION PURPOSES UNDER THE RENEGOTIATION ACT OF 1943 (50 U.S.C. 1191).

CONSISTENT WITH THE PERCENTAGES IN THE ROCK ISLAND CASE, WE HAVE SETTLED YOUR CLAIMS AS OLLOWS:

TABLE BILL NO. CLAIM NO. CERTIFICATE NO. DATE AMOUNT ALLOWED F-5548-A TK- 177087 T-689962 9/19/57 $ 495.27 F-5663-A TK-168414 T-689961 9/12/57 1,279.84 F 5664-A TK-599750 T-689978 9/23/57 1,306.27 F-6748 A

TK-600279 T-689979 9/16/57 2,568.36 F-7059-A TK 601665 T-689980 9/19/57 223.57 ..END :