B-134406, FEB. 26, 1958
Highlights
COMMERCE ATTORNEY: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 13. CONCERNING CERTAIN OVERPAYMENTS FOUND TO HAVE BEEN MADE ON SHIPMENTS OF FREIGHT AUTOMOBILES. THE OVERPAYMENTS IN QUESTION WERE COMPUTED ON THE LEVEL OF RATES PRESCRIBED AS A REASONABLE MAXIMUM BASIS BY THE INTERSTATE COMMERCE COMMISSION IN THE CASES OF HARRISON CONSTRUCTION COMPANY V. WE HAVE SINCE BEEN INFORMED THAT ALL OF THE EASTERN AND SOUTHERN CARRIERS HAVE BEEN PERMITTED TO INTERVENE IN THE PROCEEDING BEFORE THE INTERSTATE COMMERCE COMMISSION. IT IS THEREFORE LIKELY THAT THE REASONABLENESS OF THE DOMESTIC RATES WILL ALSO BE CONSIDERED. IT IS CONCEIVABLE THAT THE COMMISSION MAY.
B-134406, FEB. 26, 1958
TO MR. URCHIE B. ELLIS, COMMERCE ATTORNEY:
REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 13, 1957, CONCERNING CERTAIN OVERPAYMENTS FOUND TO HAVE BEEN MADE ON SHIPMENTS OF FREIGHT AUTOMOBILES, KNOCKED DOWN, BOXED OR CRATED. THE OVERPAYMENTS IN QUESTION WERE COMPUTED ON THE LEVEL OF RATES PRESCRIBED AS A REASONABLE MAXIMUM BASIS BY THE INTERSTATE COMMERCE COMMISSION IN THE CASES OF HARRISON CONSTRUCTION COMPANY V. PENNSYLVANIA RAILROAD COMPANY, 280 I.C.C. 279, AND GRAFTON COAL COMPANY V. BALTIMORE AND OHIO RAILROAD COMPANY, 280 I.C.C. 435. YOU REQUEST THAT COLLECTION OF THESE OVERPAYMENTS BE WITHHELD PENDING THE DECISION OF THE INTERSTATE COMMERCE COMMISSION IN DOCKET NO. 32114, UNITED STATES V. CHESAPEAKE AND OHIO RAILWAY COMPANY.
THE CHESAPEAKE AND OHIO CASE, BROUGHT BEFORE THE INTERSTATE COMMERCE COMMISSION BY ORDER OF THE UNITED STATES COURT OF CLAIMS, CONCERNS ONLY THE REASONABLENESS OF RATES APPLIED ON EXPORT SHIPMENTS. HOWEVER, WE HAVE SINCE BEEN INFORMED THAT ALL OF THE EASTERN AND SOUTHERN CARRIERS HAVE BEEN PERMITTED TO INTERVENE IN THE PROCEEDING BEFORE THE INTERSTATE COMMERCE COMMISSION. IT IS THEREFORE LIKELY THAT THE REASONABLENESS OF THE DOMESTIC RATES WILL ALSO BE CONSIDERED. FURTHER, IT IS CONCEIVABLE THAT THE COMMISSION MAY, IN THE ENLARGED PROCEEDING PRESCRIBE A BASIS OF RATES DIFFERENT FROM THOSE THOUGHT PROPER BY EITHER THE CARRIERS OR THE GOVERNMENT.
ACCORDINGLY, THE COLLECTION OF THE OVERPAYMENTS COMPUTED ON THE BASIS OF THE HARRINGTON AND GRAFTON CASES WILL BE DEFERRED UNTIL A FINAL DETERMINATION OF THE ISSUE IN THE CHESAPEAKE AND OHIO ..END :