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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 8. YOU ORIGINALLY BILLED THE GOVERNMENT AND WERE PAID THE AMOUNT OF $161.90. WAS DISALLOWED IN OUR AUDIT OF THE VOUCHER INVOLVED. ON THE BASIS THAT THE REQUEST FOR TRANSPORTATION WAS LIMITED TO ONE FULL FARE. COMPANY IS REQUESTED TO FURNISH FIRST CLASS AIR TRANSPORTATION AT LOWEST RATE FROM EL PASO. THE UNDERSCORED WORDS WERE ENTERED BY TYPEWRITER IN THE BLANK SPACES PROVIDED FOR THE PURPOSE ON THAT PART OF THE PRINTED FORM WHICH IS ADDRESSED TO CARRIERS AND IS DESIGNED TO FURNISH THEM WITH INFORMATION AS TO THE CHARACTER OF SERVICE REQUESTED. THE QUOTED LANGUAGE CLEARLY ESTABLISHES THAT ONLY "ONE FULL FARE" WAS AUTHORIZED. BALLANTYNE'S CHILD APPEARS SUFFICIENT TO APPRISE THE CARRIER THAT THE "ONE OTHER" REFERRED TO IN THE TRANSPORTATION REQUEST WAS AN INFANT ONLY ELEVEN MONTHS OLD.

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B-139603, JUL. 30, 1959

TO THE AMERICAN AIRLINES, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 8, 1959, IN WHICH YOU REQUESTED A REVIEW OF OUR SETTLEMENT OF MARCH 17, 1959, DISALLOWING YOUR CLAIM PER BILL 960183-GAO FOR $53.95 ADDITIONAL CHARGES FOR PASSENGER TRANSPORTATION SERVICES FURNISHED FOR THE ACCOUNT OF THE DEPARTMENT OF THE ARMY IN SEPTEMBER 1956, PURSUANT TO UNITED STATES GOVERNMENT TRANSPORTATION REQUEST NO. M-1,349,483.

FOR THIS TRANSPORTATION, YOU ORIGINALLY BILLED THE GOVERNMENT AND WERE PAID THE AMOUNT OF $161.90, BASED ON CHARGES FOR ONE-WAY ADULT FIRST CLASS FARE, LESS 10 PERCENT MILITARY DISCOUNT, AND ONE HALF-FARE FROM EL PASO, TEXAS, TO NEW YORK, NEW YORK. THE AMOUNT OF THE HALF FARE, $53.95, WAS DISALLOWED IN OUR AUDIT OF THE VOUCHER INVOLVED, ON THE BASIS THAT THE REQUEST FOR TRANSPORTATION WAS LIMITED TO ONE FULL FARE. AFTER REFUNDING THE INDICATED AMOUNT, YOUR COMPANY FILED THE RECLAIM BILL HERE INVOLVED. IT APPEARS TO BE YOUR VIEW THAT THE PHRASE "FOR USE OF MRS. ANN C. BALLANTYNE AND ONE OTHER," APPEARING ON THE TRANSPORTATION REQUEST, AUTHORIZED THE FURNISHING OF THE TICKETS ISSUED.

SO FAR AS PERTINENT HERE, THE TRANSPORTATION REQUEST READS AS FOLLOWS:

"THE AMERICAN AIRLINES, INC. COMPANY IS REQUESTED TO FURNISH FIRST CLASS AIR TRANSPORTATION AT LOWEST RATE FROM EL PASO, TEXAS, TO NEW YORK, N.Y. VIA AAL DESTN ONE FULL FARE FOR USE OF MRS. ANN C. BALLANTYNE AND ONE OTHER * * *.'

THE UNDERSCORED WORDS WERE ENTERED BY TYPEWRITER IN THE BLANK SPACES PROVIDED FOR THE PURPOSE ON THAT PART OF THE PRINTED FORM WHICH IS ADDRESSED TO CARRIERS AND IS DESIGNED TO FURNISH THEM WITH INFORMATION AS TO THE CHARACTER OF SERVICE REQUESTED, AND AS TO THE PERSON OR PERSONS TO WHOM THE SERVICE SHOULD BE RENDERED. THE QUOTED LANGUAGE CLEARLY ESTABLISHES THAT ONLY "ONE FULL FARE" WAS AUTHORIZED. HOWEVER, IN ADDITION, THE TRANSPORTATION REQUEST, IN THE SPACE RESERVED IN THE LOWER RIGHT HAND CORNER OF THE FORM FOR AGENCIES OF THE GOVERNMENT TO ENTER ACCOUNTING DATA, THERE APPEARS A NOTATION WHICH INCLUDES THE STATEMENT "2 DEPS, WIFE AND SON AGE 11 MONTHS 1ST LT. JOHN L. BALLANTYNE * * *.' THIS ADDITIONAL INFORMATION AS TO THE AGE OF MRS. BALLANTYNE'S CHILD APPEARS SUFFICIENT TO APPRISE THE CARRIER THAT THE "ONE OTHER" REFERRED TO IN THE TRANSPORTATION REQUEST WAS AN INFANT ONLY ELEVEN MONTHS OLD, WHO COULD, UNDER APPLICABLE TARIFFS, BE CARRIED BY ITS MOTHER AT NO ADDITIONAL CHARGE. IN ANY EVENT, EVEN IF PROOF (NOT AVAILABLE IN THIS RECORD) WERE SUBMITTED THAT THE CHILD ACTUALLY OCCUPIED A SEAT, THE GOVERNMENT WOULD NOT BE LIABLE FOR MORE THAN ONE FULL FARE ON THE TRANSPORTATION REQUEST USED, SINCE IT DID NOT AUTHORIZE, REQUEST, OR REQUIRE THE ADDITIONAL SEAT.

ACCORDINGLY, OUR SETTLEMENT OF MARCH 17, 1959, DISALLOWING YOUR CLAIM FOR $53.95, WAS CORRECT, AND IS HEREBY SUSTAINED.

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