B-140140, OCT. 1, 1959

B-140140: Oct 1, 1959

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 30. THE BILL OF LADING SHOWS THAT THE SHIPMENT WAS ROUTED "RISS AND CO INC AND GARRETT FREIGHT LINES INC. " AND THAT IT WAS RECEIVED AT ORIGIN BY "GODREY" FOR RISS AND CO. THAT THE SHIPMENT ACTUALLY WAS PICKED UP AT ORIGIN BY THE MIDDLESEX TRANSPORTATION COMPANY. INDICATES THAT THE ROUTE OF MOVEMENT WAS MIDDLESEX TRANSPORTATION COMPANY TO TRENTON. FOR THIS SERVICE YOU ORIGINALLY BILLED AND WERE PAID $1. THIS AMOUNT WAS REFUNDED. MIDDLESEX TRANSPORTATION COMPANY WAS NOT A PARTY TO QUOTATION 43-D. WE DETERMINED THAT THE APPLICABLE RATE WAS $2.73 PER 100 POUNDS APPLIED TO THE ACTUAL WEIGHT. THE SAID RATE WAS PUBLISHED ON 2ND REVISED PAGE NO. 142 OF ROCKY MOUNTAIN MOTOR TARIFF BUREAU TARIFF NO. 5-A.

B-140140, OCT. 1, 1959

TO GARRETT FREIGHT LINES, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 30, 1959, FILE O/C 247- 56, IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT CERTIFICATE DATED JUNE 3, 1959, FINDING YOU OVERPAID $389.59 ON YOUR BILL NO. 3493, IN CONNECTION WITH A SHIPMENT OF ELECTRIC FANS FROM BOUND BROOK, NEW JERSEY, TO CLEAR FIELD, UTAH, UNDER GOVERNMENT BILL OF LADING NO. N 30245737. OUR SETTLEMENT CERTIFICATE ALSO DISALLOWED YOUR CLAIM PER SUPPLEMENTAL BILL NO. 3493-A IN THE AMOUNT OF $429.56.

THE SHIPMENT IN QUESTION CONSISTED OF 21,523 POUNDS OF ELECTRIC FANS PICKED UP AT BOUND BROOK ON JUNE 28, 1955, AND DELIVERED TO CLEAR FIELD IN EARLY JULY 1955. THE BILL OF LADING SHOWS THAT THE SHIPMENT WAS ROUTED "RISS AND CO INC AND GARRETT FREIGHT LINES INC., " AND THAT IT WAS RECEIVED AT ORIGIN BY "GODREY" FOR RISS AND CO., INC. IT APPEARS, HOWEVER, THAT THE SHIPMENT ACTUALLY WAS PICKED UP AT ORIGIN BY THE MIDDLESEX TRANSPORTATION COMPANY. GARRETT FREIGHT LINES FREIGHT BILL (PRO.) NO. 19 136985, INDICATES THAT THE ROUTE OF MOVEMENT WAS MIDDLESEX TRANSPORTATION COMPANY TO TRENTON, NEW JERSEY; RISS AND COMPANY TO DENVER, COLORADO; AND GARRETT FREIGHT LINES TO DESTINATION.

FOR THIS SERVICE YOU ORIGINALLY BILLED AND WERE PAID $1,406.70 ON VOUCHER NO. 208113, IN THE AUGUST 1955 ACCOUNTS OF D. N. COBA, ON THE BASIS OF A RATE OF $5.21 PER 100 POUNDS APPLIED TO A MINIMUM WEIGHT OF 27,000 POUNDS. THE DEPARTMENT OF THE NAVY ISSUED A NOTICE OF OVERPAYMENT ON FEBRUARY 7, 1956, FOR $429.56, ON THE BASIS OF A RATE OF $4.54 PER 100 POUNDS, NAMED IN ITEM 1300, ROCKY MOUNTAIN SECTION 22 QUOTATION 43-D, APPLIED TO THE ACTUAL WEIGHT. THIS AMOUNT WAS REFUNDED, BUT SUBSEQUENTLY YOU RECLAIMED THE REFUNDED AMOUNT ON YOUR SUPPLEMENTAL BILL NO. 3493-A, ON THE GROUND THAT THE ORIGINATING CARRIER, MIDDLESEX TRANSPORTATION COMPANY WAS NOT A PARTY TO QUOTATION 43-D.

IN OUR AUDIT OF THE PAID VOUCHER, WE DETERMINED THAT THE APPLICABLE RATE WAS $2.73 PER 100 POUNDS APPLIED TO THE ACTUAL WEIGHT. THE SAID RATE WAS PUBLISHED ON 2ND REVISED PAGE NO. 142 OF ROCKY MOUNTAIN MOTOR TARIFF BUREAU TARIFF NO. 5-A, MF-I.C.C. NO. 31. IT WAS APPLICABLE TO THE SHIPMENT VIA MIDDLESEX TRANSPORTATION COMPANY TO TRENTON, NEW JERSEY; RISS AND COMPANY TO DENVER, COLORADO, AND GARRETT FREIGHT LINES TO DESTINATION, THE ACTUAL ROUTE OF MOVEMENT, AND WE ISSUED A NOTICE OF OVERPAYMENT (FORM 1003) IN THE AMOUNT OF $389.57. THE NAMED ROUTE WAS AUTHORIZED ON 20TH REVISED PAGE 66-A OF ROCKY MOUNTAIN MOTOR TARIFF BUREAU TARIFF NO. 28, MF- I.C.C. NO. 54. TARIFF NO. 5-A, ON 15TH REVISED PAGE 3A, EFFECTIVE JUNE 8, 1955, REFERS TO ROCKY MOUNTAIN TERRITORIAL DIRECTORY NO. 20-A, MF-I.C.C. NO. 79.

IN YOUR LETTER OF JUNE 30, 1959, YOU SAY,"MIDDLESEX TRANSPORTATION COMPANY AND RISS AND COMPANY, ARE NOT SHOWN AS SERVING BOUND BROOK, NEW JERSEY IN ROCKY MOUNTAIN TRANSCONTINENTAL TERRITORIAL DIRECTORY NO. 20- A.' WHILE APPARENTLY RISS AND COMPANY DID NOT SERVE BOUND BROOK ON THE DATE OF THE SHIPMENT, ORIGINAL PAGE 349 OF TARIFF NO. 20-A SHOWS BOUND BROOK, NEW JERSEY, AS BEING SERVED BY CARRIER NO. M-230, WHICH IS SHOWN ON ORIGINAL PAGE 28 AS BEING MIDDLESEX TRANSPORTATION COMPANY.

ACCORDINGLY OUR SETTLEMENT OF JUNE 3, 1959, HAS NOT BEEN SHOWN TO BE IN ERROR AND IS SUSTAINED. THE OVERPAYMENT IN THE AMOUNT OF $389.57, STATED ON OUR FORM 1003 DATED JUNE 3, 1959, SHOULD BE REFUNDED PROMPTLY IN ORDER TO AVOID COLLECTION BY OTHER MEANS.