B-128609, NOVEMBER 2, 1956, 36 COMP. GEN. 360

B-128609, NOVEMBER 2, 1956, 36 COMP. GEN. 360

TRANSPORTATION - CLAIMS - STATUTE OF LIMITATIONS - ADDITIONAL CLAIMS THE PAYMENT OF TRANSPORTATION CHARGES IN THE FULL AMOUNT CLAIMED BY THE CARRIER WITHIN THE 10-YEAR STATUTE OF LIMITATIONS DOES NOT EXTEND THE TIME LIMITATION, AND, THEREFORE, A SUPPLEMENTAL BILL FOR ADDITIONAL CHARGES PRESENTED AFTER THE EXPIRATION OF THE 10-YEAR PERIOD CONSTITUTES AN ENTIRELY NEW CLAIM, EVEN THOUGH THE SAME BILLS OF LADING ARE INVOLVED, AND IS BARRED BY THE STATUTE.

TO ILLINOIS CENTRAL RAILROAD, NOVEMBER 2, 1956:

REFERENCE IS MADE TO YOUR LETTER OF JULY 11, 1956, FILE G-N-4506-B- GSI- WAG, IN WHICH YOU REQUEST FURTHER CONSIDERATION OF YOUR CLAIM FOR $2,718.14 ADDITIONAL TRANSPORTATION CHARGES ON 11 SHIPMENTS OF PONTOON ASSEMBLY GEAR ORIGINATING AT PORT HUENEME, CALIFORNIA, AND DELIVERED AT DESTINATION, GULFPORT, MISSISSIPPI, BETWEEN JANUARY 27 AND FEBRUARY 5, 1945.

CHARGES OF $14,593.14 FOR THE TRANSPORTATION OF 15 SHIPMENTS MADE ON GOVERNMENT BILLS OF LADING ORIGINALLY WERE CLAIMED AND PAID ON YOUR BILL NO. N-4506. BY YOUR SUPPLEMENTAL BILL NO. N-4506-A, RECEIVED IN OUR OFFICE ON JUNE 22, 1949, ADDITIONAL CHARGES OF $635.76 WERE CLAIMED BY YOU IN CONNECTION WITH THE 15 BILLS OF LADING AND THE AMOUNT CLAIMED WAS ALLOWED IN FULL BY CERTIFICATE OF SETTLEMENT NO. T-444108, DATED MARCH 22, 1950. THEREAFTER, ON FEBRUARY 10, 1955, THE GENERAL ACCOUNT OFFICE RECEIVED YOUR SUPPLEMENTAL BILL NO. N-4506-B ON WHICH YOU CLAIMED STILL FURTHER CHARGES OF $2,718.14 ON THE SHIPMENTS COVERED BY 11 OF THE BILLS OF LADING. OUR TRANSPORTATION DIVISION, BY LETTER DATED MAY 9, 1956, DISALLOWED YOUR SUPPLEMENTAL "B" BILL FOR THE REASON THAT PAYMENT WAS BARRED BY THE 10-YEAR STATUTE OF LIMITATIONS PROVIDED IN THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A. IN YOUR REQUEST FOR REVIEW YOU ASSERT THAT THE CLAIM IS NOT BARRED BY THE 10 YEAR LIMITATION SINCE ANY PAYMENT MADE BY THE GENERAL ACCOUNTING OFFICE ON A CLAIM AUTOMATICALLY EXTENDS THE TIME LIMIT ON SUCH ITEMS.

THE ACT OF OCTOBER 9, 1940, PROVIDES, IN PERTINENT PART, THAT---

EVERY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTIONS 71 AND 236 OF THIS TITLE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.

THE 10 FULL YEARS PROVIDED IN THE LAW BEGIN TO RUN FROM THE DATE OF DELIVERY OF THE SHIPMENT, AS EVIDENCED BY THE CONSIGNEE'S CERTIFICATE OF DELIVERY ON THE BILL OF LADING. IN THE PRESENT CASE THE BILLS OF LADING SHOW THAT THE CONSIGNEE RECEIPTED FOR THE DELIVERY OF THE GOODS BETWEEN JANUARY 27 AND FEBRUARY 5, 1945. THEREFORE, THE FULL 10 YEARS IN WHICH YOUR CLAIM COULD HAVE BEEN CONSIDERED HAD EXPIRED BY FEBRUARY 5, 1955.

UPON PRESENTATION OF YOUR ORIGINAL BILL FOR CHARGES ON THESE SHIPMENTS YOU WERE PAID THE FULL AMOUNT CLAIMED THEREON, AND IN THE SETTLEMENT OF MARCH 22, 1950, THE FULL AMOUNT CLAIMED IN YOUR A" BILL WAS CERTIFIED FOR ALLOWANCE AND ACTUAL PAYMENT OF THAT AMOUNT WAS MADE ON APRIL 10, 1950, BY A TREASURY DEPARTMENT DISBURSING OFFICER. THEREFORE, YOU WERE PAID IN FULL EVERY AMOUNT CLAIMED BY YOU WITHIN THE 10-YEAR STATUTORY PERIOD, AND THE AMOUNT CLAIMED IN YOUR "B" BILL IS IN ADDITION TO THE AMOUNTS CLAIMED WITH THE STATUTORY PERIOD. YOUR SUPPLEMENTAL "B" BILL, RECEIVED IN OUR OFFICE ON FEBRUARY 10, 1955, ALTHOUGH INVOLVING 11 OF THE SAME BILLS OF LADING, CONSTITUTED AN ENTIRELY NEW CLAIM, AND, THEREFORE, WAS BARRED BY THE STATUTE OF LIMITATIONS, SINCE IT WAS RECEIVED HERE MORE THAN TEN FULL YEARS AFTER THE EXPIRATION OF THE 10-YEAR STATUTORY PERIOD, FEBRUARY 5, 1955.

ACCORDINGLY, SINCE THE SETTLEMENT ACTION TAKEN BY OUR TRANSPORTATION DIVISION WAS CONSISTENT WITH THE FOREGOING, IT IS SUSTAINED.