B-128414, MAR. 25, 1957

B-128414, MAR. 25, 1957

TO THE TEXAS AND PACIFIC RAILWAY COMPANY:

REFERENCE IS MADE TO YOUR LETTER WRITTEN UNDER FILE V-90-23279, REQUESTING RECONSIDERATION OF OUR SETTLEMENT CERTIFICATE DATED MAY 24, 1956, IN CLAIM NO. TK 603019, DISALLOWING YOUR SUPPLEMENTAL BILL NO. F 23279-A FOR $820.02, REPRESENTING ADDITIONAL CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION OF 13 SHIPMENTS OF PREFABRICATED WOODEN BARRACKS FROM DALLAS, TEXAS, TO THE NEW ORLEANS PORT OF EMBARKATION, NEW ORLEANS, LOUISIANA, DURING MARCH 1943.

FOR THE SERVICES INVOLVED, YOU ORIGINALLY CLAIMED AND WERE PAID CHARGES COMPUTED ON THE BASIS OF THE CLASS-B RATE, NAMED IN SOUTHWESTERN LINES CLASS RATE TARIFF NO. 251-B, OF 69 CENTS PER 100 POUNDS, REDUCED BY LAND- GRANT DEDUCTIONS. THE CHARGES PAID WERE LATER ADJUSTED BY DEDUCTION, PURSUANT TO AUDIT BY OUR TRANSPORTATION DIVISION, TO AN AMOUNT COMPUTED ON THE BASIS OF 25 PERCENT OF THE FIRST-CLASS RATE, OR 53 CENTS PER 100 POUNDS, REDUCED BY LAND-GRANT DEDUCTIONS. TEXAS PRE-FABRICATED HOUSE AND TENT CO. V. ATCHISON, T. AND S. FE RY. CO., 272 I.C.C. 61, WAS CITED AS AUTHORITY FOR THIS BASIS. IN YOUR REQUEST FOR RECONSIDERATION YOU URGE THAT THE CHARGES ORIGINALLY BILLED AND PAID WERE CORRECT.

UPON RE-EXAMINATION OF THIS MATTER, OUR TRANSPORTATION DIVISION HAS CONSTRUCTED A COMBINATION OF RATES USING THE LUMBER (BASIS F) RATE OF 32 CENTS PER 100 POUNDS--- PUBLISHED IN TEXAS AND NEW ORLEANS RAILROAD COMPANY TARIFF NO. 75-N, I.C.C. NO. TEX. 378--- FROM DALLAS TO GRETNA, LOUISIANA, VIA THE TEXAS AND NEW ORLEANS RAILROAD DIRECT, PLUS SWITCHING CHARGES TO NEW ORLEANS. THIS COMBINATION RATE APPEARS TO BE AN AGGREGATE OF INTERMEDIATE RATES WHICH, UNDER THE PERTINENT RULE IN SOUTHWESTERN LINES CLASS RATE TARIFF, 251 SERIES, WILL APPLY OVER ALL ROUTES VIA WHICH THE CLASS RATE APPLIES.

ACCORDINGLY, AN AMENDED REQUEST FOR REFUND OF OVERPAYMENTS WILL BE ISSUED BY OUR TRANSPORTATION DIVISION IN THE NEAR FUTURE, SETTING FORTH IN DETAIL THE BASIS FOR SUCH REQUEST.