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TO PANHANDLE AND SANTA FE RAILWAY COMPANY: REFERENCE IS MADE TO YOUR LETTER OF JUNE 6. AUTHORIZES THE USE OF ONE OR MORE GATEWAYS ONLY WHEN THE SERVICE BETWEEN THE TWO GATEWAYS IS PERFORMED EAST OF THE MISSISSIPPI RIVER. THERE IS NO PROVISION IN ITEM 1010 EXPRESSLY OR IMPLIEDLY REQUIRING THAT SUCH SERVICE BE PERFORMED ENTIRELY BY LINES EAST OF THE RIVER. LOUIS SOUTHERN RAILWAY COMPANY WAS MADE EAST OF THE RIVER AT MEMPHIS. LOUIS GATEWAYS AND RESTRICTS ONLY TO THE EXTENT THAT THE MOVEMENT IS "SUBJECT TO THE ROUTING INSTRUCTIONS APPLICABLE FROM THE LAST GATEWAY USED.'. HAVE BEEN CAREFULLY CONSIDERED AND YOU HAVE NOT PRESENTED ANY FACTS OR EVIDENCE THAT WOULD WARRANT ANY MODIFICATION OF THE CONCLUSION REACHED IN OUR DECISIONS OF DECEMBER 14.

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B-146498, AUG. 6, 1962

TO PANHANDLE AND SANTA FE RAILWAY COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 6, 1962, FILE NO. 105260 GA, REQUESTING FURTHER CONSIDERATION OF OUR DECISIONS, B-146498, DATED DECEMBER 14, 1961, AND MAY 1, 1962, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR AN ADDITIONAL ALLOWANCE OF $376.56 IN CONNECTION WITH THE TRANSPORTATION OF IRON BODY GATE VALVES FROM BIRMINGHAM, ALABAMA, TO BUTLER (CUSTER COUNTY), OKLAHOMA, UNDER GOVERNMENT BILLS OF LADING NOS. I- 271450 AND I-271451, DATED MARCH 24, 1959.

YOU NOW URGE THAT ITEM 1010 OF SOUTHWESTERN LINES' FREIGHT TARIFF NO. SW/S-1007, I.C.C. NO. 4000, AUTHORIZES THE USE OF ONE OR MORE GATEWAYS ONLY WHEN THE SERVICE BETWEEN THE TWO GATEWAYS IS PERFORMED EAST OF THE MISSISSIPPI RIVER. HOWEVER, THERE IS NO PROVISION IN ITEM 1010 EXPRESSLY OR IMPLIEDLY REQUIRING THAT SUCH SERVICE BE PERFORMED ENTIRELY BY LINES EAST OF THE RIVER. SECTION ONE OF THE ITEM PROVIDES OPEN ROUTING ON TRAFFIC FROM BIRMINGHAM, ALABAMA, VIA THE SOUTHERN RAILWAY SYSTEM AND ITS CONNECTIONS MADE EAST OF THE MISSISSIPPI RIVER FOR THAT PART OF THE MOVEMENT INDICATED IN PARAGRAPH (A), EXCEPT AS OTHERWISE PROVIDED IN THE ITEM. THE CONNECTION IN THE SHIPMENTS IN QUESTION BETWEEN THE SOUTHERN RAILWAY SYSTEM AND THE ST. LOUIS SOUTHERN RAILWAY COMPANY WAS MADE EAST OF THE RIVER AT MEMPHIS, TENNESSEE, AND THERE APPEAR NO RESTRICTIONS AFFECTING THE ROUTING USED. PARAGRAPH (A) OF THE ITEM COVERS APPLICABLE ROUTING FROM BIRMINGHAM, ALABAMA, TO THE LAST GATEWAY USED (ST. LOUIS). IT PUBLISHES NO RESTRICTIONS TO THE ROUTING BETWEEN MEMPHIS AND ST. LOUIS GATEWAYS AND RESTRICTS ONLY TO THE EXTENT THAT THE MOVEMENT IS "SUBJECT TO THE ROUTING INSTRUCTIONS APPLICABLE FROM THE LAST GATEWAY USED.'

THE CONTENTS OF YOUR LETTER OF JUNE 6, 1962, HAVE BEEN CAREFULLY CONSIDERED AND YOU HAVE NOT PRESENTED ANY FACTS OR EVIDENCE THAT WOULD WARRANT ANY MODIFICATION OF THE CONCLUSION REACHED IN OUR DECISIONS OF DECEMBER 14, 1961, AND MAY 1, 1962. ACCORDINGLY, THE CONCLUSION REACHED IN THOSE DECISIONS IS REAFFIRMED.

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