B-144935: Sep 07, 1961

INC.: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 16. WHICH IN EFFECT IS A REQUEST FOR RECONSIDERATION OF OUR DECISION OF AUGUST 14. THE CARRIER MUST SUBMIT SOME EVIDENCE THAT EXCLUSIVE-USE-OF VEHICLE SERVICE WAS ACTUALLY PERFORMED. - YOUR POSITION IS THAT ADDITION OF THE WORDS "TO BE MOVED AT CARRIER'S CONVENIENCE" WILL NOT DEFEAT THE APPLICABILITY OF EXCLUSIVE USE CHARGES SINCE THE TARIFF DOES NO...

B-144935: Dec 29, 1961

LYNCH AND MCDONALD: FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 1. THIS SHIPMENT IS SAID TO HAVE BEEN TRANSPORTED ON TWO TRAILERS. THE CLAIM INVOLVED IS STATED ON THE BASIS THAT EXCLUSIVE-USE-OF VEHICLE SERVICE WAS ORDERED BY THE GOVERNMENT AND RENDERED BY THE CARRIERS INVOLVED. HELD THAT THE BURDEN IS ON THE CARRIER TO ESTABLISH THE CORRECTNESS OF ITS CHARGES. IT IS NOT DIFFICULT TO PROVE...

B-144935: Aug 14, 1961

INC.: REFERENCE IS MADE TO YOUR LETTERS OF JANUARY 24. THE CORRECT TOTAL CHARGE FOR THE SHIPMENT IN QUESTION SHOULD HAVE BEEN $4. SINCE YOU HAVE BEEN ALLOWED $2. 915.92 TO DATE THERE IS A BALANCE DUE YOU OF $1. THE QUESTION TO BE DECIDED IS WHETHER OR NOT THIS SHIPMENT IS SUBJECT TO THE EXCLUSIVE-USE BASIS OF CHARGES. THE APPLICABLE EXCLUSIVE USE PROVISIONS ARE FOUND UNDER ITEM 935 OF ROCKY MOUNTA...