B-125158, OCT. 3, 1955
Highlights
YOU CLAIMED AND WERE PAID $18. THE PROPER CHARGES WERE DETERMINED TO BE $8. WHICH WAS A COMBINATION OF RATES MADE BY APPLYING A COMMODITY RATE OF $2. 252.65 THUS DETERMINED TO BE OVERPAID WAS COLLECTED BY DEDUCTION FROM AN AMOUNT OTHERWISE DUE ON YOUR BILL NO. 59451. IN WHICH B-98076 WAS DISTINGUISHED. WAS MADE IN CONNECTION WITH THAT BILL AND THE CONCLUSION REACHED IN B-120212 IS EQUALLY APPLICABLE TO THE PRESENT CASE.
B-125158, OCT. 3, 1955
TO THE ACCOUNTING DEPARTMENT, CENTRAL OF GEORGIA RAILWAY COMPANY:
CONSIDERATION HAS BEEN GIVEN YOUR REQUEST FOR REVIEW OF THE SETTLEMENT DATED APRIL 2, 1953 (CLAIM NO. TK-380161), WHICH DISALLOWED YOUR CLAIM, PER BILL NO. N-5-51045-A-G-R-1-463, FOR $10,252.65 ADDITIONAL CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION OF THREE CARLOADS OF AMMUNITION FOR CANNON WITH EXPLOSIVE PROJECTILES FROM BELLEMONT, ARIZONA, TO OCHILLEE, GEORGIA, UNDER GOVERNMENT BILLS OF LADING WT-7530157, WT- 7530158, AND WT-7530159, DURING MARCH 1948.
FOR THIS SERVICE, YOU CLAIMED AND WERE PAID $18,519.38, COMPUTED ON THE BASIS OF A RATE OF $6.34 PER 100 POUNDS PLUS A 20 PERCENT EMERGENCY CHARGE. IN THE AUDIT OF THE PAYMENT VOUCHER BY OUR TRANSPORTATION DIVISION, THE PROPER CHARGES WERE DETERMINED TO BE $8,266.53, COMPUTED ON THE BASIS OF A RATE OF $2.83 PER 100 POUNDS PLUS 20 PERCENT, WHICH WAS A COMBINATION OF RATES MADE BY APPLYING A COMMODITY RATE OF $2,28 PER 100 POUNDS TO MONTGOMERY, ALABAMA, AS NAMED IN ITEM 4475 OF TRANSCONTINENTAL FREIGHT BUREAU TARIFF NO. 3-S, AGENT L. E. KIPP'S I.C.C. NO. 1519, TARIFF X-162-A, AND A CLASS-65 RATE OF 55 CENTS PER 100 POUNDS TO OCHILLEE, GEORGIA, AUTHORIZED BY ASSOCIATION OF AMERICAN RAILROADS' SECTION 22 QUOTATION 14-A AND PUBLISHED IN SOUTHERN FREIGHT TARIFF BUREAU TARIFF NO. 710-B, AGENT R. H. HOKE'S I.C.C. NO. 710, AND TARIFF X-162-A, PLUS 20 PERCENT INCREASE ON TOTAL CHARGES PER TARIFF X-166. THE AMOUNT OF $10,252.65 THUS DETERMINED TO BE OVERPAID WAS COLLECTED BY DEDUCTION FROM AN AMOUNT OTHERWISE DUE ON YOUR BILL NO. 59451. YOU URGE, IN EFFECT, THAT THE COMMODITY RATE NAMED IN ITEM NO. 4475 OF TARIFF NO. 3'S MAY NOT BE EMPLOYED TO CONTRACT A COMBINATION THROUGH RATE BY USING AS ONE FACTOR THIS TARIFF RATE, AND AS THE OTHER FACTOR A RATE NAMED IN THE SECTION 22 QUOTATION. IN SUPPORT OF THE LATTER CONTENTION, YOU CITE A DECISION OF THIS OFFICE DATED OCTOBER 9, 1951, B-98076.
THE QUESTION PRESENTED HERE IN IDENTICAL IN PRINCIPLE TO THAT CONSIDERED IN CONNECTION WITH YOUR BILL NO. N-5-52563-A-G-R-462. OUR DECISION B- 120212, DATED SEPTEMBER 21, 1954, IN WHICH B-98076 WAS DISTINGUISHED, WAS MADE IN CONNECTION WITH THAT BILL AND THE CONCLUSION REACHED IN B-120212 IS EQUALLY APPLICABLE TO THE PRESENT CASE.