B-145517, MAY 12, 1961

B-145517, MAY 12, 1961

TO MR. FRANK S. FARRELL:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 30, 1961, ACKNOWLEDGED APRIL 10, RELATING TO THE DISALLOWANCE OF YOUR BILLS F-63069-B-12/52 AND F-63068 -B-12/56 FOR $17,656.89 AND $45,840.16, RESPECTIVELY, REPRESENTING ADDITIONAL CHARGES ALLEGED TO BE DUE ON SEVERAL SHIPMENTS DESCRIBED ON THE BILLS OF LADING AS "INFLAMMABLE SOLIDS (BOMB, INCENDIARY, PT1, 500 LB., LESS FUZING COMPONENTS, AN-M76).'

APPARENTLY THE PURPOSE OF YOUR LETTER IS TO ESTABLISH IF THESE CLAIMS BY YOUR COMPANY WILL BE GIVEN RECONSIDERATION AND ALLOWED BASED ON THE FINDINGS BY DIVISION 3 OF THE INTERSTATE COMMERCE COMMISSION, UNITED STATES OF AMERICA V. WESTERN PACIFIC RAILROAD COMPANY, 309 I.C.C. 249, ON THE QUESTION REFERRED BY THE COURT OF CLAIMS. A PETITION FOR REVIEW OF THE FINDING OF THE COMMISSION WAS FILED IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA, CIVIL ACTION NO. CA-3154-60, ON SEPTEMBER 2, 1960, AND A DECISION BY THAT COURT HAS NOT BEEN ANNOUNCED. MOREOVER, UNTIL THERE HAS BEEN A FINAL JUDICIAL DETERMINATION OF THE QUESTION INVOLVED, OUR OFFICE WOULD NOT BE JUSTIFIED IN ALLOWING THE AMOUNTS CLAIMED.

HOWEVER, WE HAVE A PROCEDURE WHEREBY OUR FORM LETTER (T-109) IS ISSUED ON CLAIMS PRESENTED BY CARRIERS FOR AMOUNTS ALLEGED TO BE DUE FOR THE TRANSPORTATION OF GOVERNMENT PROPERTY WHERE THE ONLY QUESTION PRESENTED IS CURRENTLY PENDING IN LITIGATION. ACCORDINGLY, WE ARE REOPENING YOUR CLAIMS ON THE BASIS OF YOUR LETTER OF MARCH 30, AND WE ARE TRANSMITTING ONE OF THESE FORM LETTERS FOR EACH OF YOUR BILLS. WHEN THE RATES APPLICABLE ON THE COMMODITY INVOLVED HAVE FINALLY BEEN JUDICIALLY DETERMINED, YOUR CLAIMS WILL BE RECONSIDERED AND SETTLED ON THE BASIS OF THE FINAL JUDICIAL DECREE.