B-144453, FEB. 23, 1961

B-144453, FEB. 23, 1961

TO ILLINOIS-CALIFORNIA EXPRESS:

IN YOUR LETTER OF NOVEMBER 19, 1960, FILE NO. DD-371, YOU REQUEST REVIEW OF THE DISALLOWANCE DATED APRIL 13, 1959, OF YOUR CLAIM PER SUPPLEMENTAL BILL NO. 2439- SUPP., FOR ADDITIONAL FREIGHT CHARGES IN THE AMOUNT OF $96.06 REPRESENTING MINIMUM CHARGES FOR EXCLUSIVE-USE-OF VEHICLE SERVICE ALLEGED TO BE DUE FOR THE TRANSPORTATION OF ELECTRICAL APPLIANCES OR INSTRUMENTS FROM AVONDALE, COLORADO, TO SANDIA BASE, NEW MEXICO, UNDER GOVERNMENT BILL OF LADING NO. WY-7458886 DATED JULY 11, 1956.

YOUR CLAIM WAS DISALLOWED IN ACCORDANCE WITH THE DECISION OF THE INTERSTATE COMMERCE COMMISSION IN BRODERICK AND BASCOM ROPE COMPANY V. HALL FREIGHT LINES, INC., 302 I.C.C. 347, HOLDING THAT CHARGES FOR EXCLUSIVE USE ARE UNREASONABLE TO THE EXTENT THAT THEY EXCEEDED CHARGES COMPUTED ON THE BASIS OF A TRUCKLOAD RATE AT THE TRUCKLOAD MINIMUM WEIGHT. HOWEVER, THE UNITED STATES SUPREME COURT BY DECISION DATED MAY 18, 1959--- RENDERED SUBSEQUENT TO THE DATE OF OUR DISALLOWANCE--- IN T.I.M.E. AND DAVIDSON V. UNITED STATES, 359 U.S. 464, HELD THAT SHIPPERS ARE PRECLUDED FROM CHALLENGING THE REASONABLENESS OF PAST MOTOR CARRIER CHARGES COMPUTED ON THE BASIS OF THE PUBLISHED AND FILED TARIFF RATES. ACCORDINGLY, YOUR CLAIM IS BEING RETURNED TO OUR TRANSPORTATION DIVISION FOR FURTHER CONSIDERATION AND YOU WILL BE ADVISED BY THAT DIVISION AS TO ITS DISPOSITION.