B-149028, DEC. 5, 1963
Highlights
LTD.: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 13. WERE WRITTEN. OUR ACTION IS CONSISTENT WITH THE INFORMATION FURNISHED BY THE SOUTHWESTERN TRAFFIC REGION OF THE MILITARY TRAFFIC MANAGEMENT AGENCY. YOU HAVE OBTAINED SIMILAR INFORMATION FROM THE SAME REGIONAL OFFICE. THE SOUTHWESTERN TRAFFIC REGION HAS NOT REPORTED THAT THE IGNITERS WERE INTEGRAL PARTS OF THE ROCKET MOTORS WITH WHICH THEY WERE SHIPPED. IT IS REPORTED THAT THE IGNITERS WERE INTEGRAL PARTS OF ROCKET AMMUNITION. WHICH IS SAID TO CONSIST OF AN IGNITER. THUS THE COMPLETE UNIT WAS NOT SHIPPED ON THE GOVERNMENT BILL OF LADING INVOLVED AND RULE 16 OF THE NATIONAL MOTOR FREIGHT CLASSIFICATION WAS NOT OPERATIVE. IN THE CIRCUMSTANCES THE CONCLUSION REACHED IN OUR PREVIOUS DECISIONS SUSTAINING THE SETTLEMENT WHICH DISALLOWED YOUR CLAIM IS REAFFIRMED.
B-149028, DEC. 5, 1963
TO WESTERN TRUCK LINES, LTD.:
REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 13, 1963, YOUR FILE G 02614, CONCERNING YOUR CLAIM FOR ADDITIONAL COMPENSATION FOR THE TRANSPORTATION SERVICE COVERED BY BILL OF LADING WY-9006661, DATED DECEMBER 30, 1959. NEITHER YOUR LETTER NOR THE ENCLOSURE WITH IT PRESENTED ANY INFORMATION NOT PREVIOUSLY CONSIDERED HERE WHEN OUR DECISIONS OF JANUARY 16, 1963, AND OCTOBER 7, 1963, UPHOLDING THE SETTLEMENT CERTIFICATE BASIS DISALLOWING YOUR CLAIM, WERE WRITTEN. AS WE NOTED IN OUR PRIOR DECISION, OUR ACTION IS CONSISTENT WITH THE INFORMATION FURNISHED BY THE SOUTHWESTERN TRAFFIC REGION OF THE MILITARY TRAFFIC MANAGEMENT AGENCY. YOU HAVE OBTAINED SIMILAR INFORMATION FROM THE SAME REGIONAL OFFICE, NOW OPERATING UNDER THE DEFENSE TRAFFIC MANAGEMENT SERVICE. THE SOUTHWESTERN TRAFFIC REGION HAS NOT REPORTED THAT THE IGNITERS WERE INTEGRAL PARTS OF THE ROCKET MOTORS WITH WHICH THEY WERE SHIPPED; RATHER, IT IS REPORTED THAT THE IGNITERS WERE INTEGRAL PARTS OF ROCKET AMMUNITION, WHICH IS SAID TO CONSIST OF AN IGNITER, A ROCKET MOTOR AND A WARHEAD (WITH EXPLOSIVES OR CHEMICALS). THUS THE COMPLETE UNIT WAS NOT SHIPPED ON THE GOVERNMENT BILL OF LADING INVOLVED AND RULE 16 OF THE NATIONAL MOTOR FREIGHT CLASSIFICATION WAS NOT OPERATIVE.
IN THE CIRCUMSTANCES THE CONCLUSION REACHED IN OUR PREVIOUS DECISIONS SUSTAINING THE SETTLEMENT WHICH DISALLOWED YOUR CLAIM IS REAFFIRMED.