B-141264, MAR. 10, 1960

B-141264: Mar 10, 1960

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TO HERRIN TRANSPORTATION COMPANY: FURTHER REFERENCE IS MADE TO YOUR REQUEST. FOR THE SERVICE YOU ORIGINALLY BILLED AND WERE PAID $2. THE AMOUNT OF THE OVERPAYMENT ($165) WAS DEDUCTED FROM AMOUNTS OTHERWISE DUE YOUR COMPANY. IS APPARENTLY BASED ON A RATE OF $2.55 PER 100 POUNDS NAMED IN SOUTHERN MOTOR CARRIERS RATE CONFERENCE RATE SHEET NO. 41-B. IT IS YOUR CONTENTION THAT THE RATE USED IN OUR AUDIT AND NAMED IN TENDER NO. 108 WAS NOT IN EFFECT ON THE DATE OF THE MOVEMENT. SINCE NOTICE OF CANCELLATION OF THAT TENDER WAS COMMUNICATED TO THE DEPARTMENTS CONCERNED MORE THAN 30 DAYS PRIOR TO THE DATE OF THE SHIPMENT PURSUANT TO ITEM NO. 9 OF SAID TENDER. WAS SENT TO THE GOVERNMENT AGENCIES CONCERNED DURING FEBRUARY 1956.

B-141264, MAR. 10, 1960

TO HERRIN TRANSPORTATION COMPANY:

FURTHER REFERENCE IS MADE TO YOUR REQUEST, PER FILE NO. 102369 OC, FOR A REVIEW OF OUR SETTLEMENT CERTIFICATE DATED AUGUST 11, 1959, IN CLAIM NO. TK-66795, WHICH DISALLOWED YOUR CLAIM FOR $110, PER YOUR BILL NO. 12136 CL 1, AS ADDITIONAL FREIGHT CHARGES ALLEGEDLY DUE ON A SHIPMENT OF HIGH EXPLOSIVES (TRINITROTOLUENE), WEIGHING 110,000 POUNDS, MOVING FROM TYNER, TENNESSEE, TO BOYLINE, LOUISIANA, UNDER GOVERNMENT BILL OF LADING NO. WY- 6172090, DATED MARCH 30, 1956.

FOR THE SERVICE YOU ORIGINALLY BILLED AND WERE PAID $2,860 ON THE BASIS OF A RATE OF $2.60 PER 100 POUNDS, SUBJECT TO A VOLUME MINIMUM WEIGHT OF 30,000 POUNDS, NAMED IN YOUR RATE TENDER NO. 200-A. IN OUR AUDIT OF THE PAYMENT VOUCHER WE COMPUTED THE CORRECT CHARGES TO BE $2,695, USING A RATE OF $2.45 PER 100 POUNDS, SUBJECT TO A MINIMUM WEIGHT OF 30,000 POUNDS, NAMED IN SECTION 22 TENDER NO. 108 (ARROW EXPRESS CORP. SERVICES). THE AMOUNT OF THE OVERPAYMENT ($165) WAS DEDUCTED FROM AMOUNTS OTHERWISE DUE YOUR COMPANY. YOUR SUPPLEMENTAL BILL NO. 12136 CL-1, IN THE AMOUNT OF $110, IS APPARENTLY BASED ON A RATE OF $2.55 PER 100 POUNDS NAMED IN SOUTHERN MOTOR CARRIERS RATE CONFERENCE RATE SHEET NO. 41-B.

IT IS YOUR CONTENTION THAT THE RATE USED IN OUR AUDIT AND NAMED IN TENDER NO. 108 WAS NOT IN EFFECT ON THE DATE OF THE MOVEMENT, SINCE NOTICE OF CANCELLATION OF THAT TENDER WAS COMMUNICATED TO THE DEPARTMENTS CONCERNED MORE THAN 30 DAYS PRIOR TO THE DATE OF THE SHIPMENT PURSUANT TO ITEM NO. 9 OF SAID TENDER.

SUPPLEMENT NO. 2 TO TENDER NO. 108, PURPORTING TO CANCEL THE TENDER IN ITS ENTIRETY, WAS SENT TO THE GOVERNMENT AGENCIES CONCERNED DURING FEBRUARY 1956. THIS SUPPLEMENT (COPY ENCLOSED) SHOWS THAT THE EFFECTIVE DATE OF THE CANCELLATION WAS CHANGED TO APRIL 1, 1956, BY C. O. GILLOGLY, ARROW EXPRESS REPRESENTATIVE. SINCE THE SHIPMENT IN QUESTION MOVED FROM ORIGINAL POINT OF SHIPMENT, TYNER, TENNESSEE, ON MARCH 30, 1956, WHICH WAS PRIOR TO THE DATE OF THE CANCELLATION, THE CHARGES ARE CORRECTLY COMPUTED UNDER TENDER NO. 108.

ACCORDINGLY, THERE APPEARS TO BE NO BASIS FOR A MODIFICATION OF OUR SETTLEMENT ACTION, AND IT IS THEREFORE SUSTAINED.