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B-190655 1 (1978-02-17)

handle is hein.gao/gaobadftx0001 and id is 1 raw text is: 414- Transip. THE COMPTROLLER GENERAL DECISION OP THE UNIyED -.RATEs VWdaISPIN GTON. Q. C. ROS48B - FILE: 5-190655 DATE: lebrary 17, 19 MATTER 0Ft Bawngg Transportation, Inc. DIGEST: Where property lost in transit has no market value, damages are premised on the actual valur of the goods lost to the owner, considering'initial cost, replace- ment cost and ouch other conditions as affect. their value to the owner. Bowman Traniportation, Inc. (Bowman), by its attorney, Edgar C. Gentry, requests review of the settlepent which dis- allowed the carrier's claim for repayment of most of the moneys Iwitbbeld by the Department of the Army ti recoup the damages s.sained as the result of the loss of 54,511 steel nut clacps and 6,890 self-locking steel nuts while in transportation from the Defense Depot at Memphis, Tennessee, to the Marine Corps Development and Education Command at Quantico, Virginia, under 'Government bill of lading F-9279079, issued on August 3, 1972. Our file Z-2719124 shows that Bowman by its.claim 17150 reqwasted repvment of the $23,578.46 which was withheld from moneys otherwise payable to Estes Express Lines (Eates claim G-0046) the destination carrier. Bowman, the origin carrier, thereafter reimbursed Eates in that amount and is a proper clainant. Bowman contends that the amuunt withheld is exces- site because the articles were surplus property and had no value except to repair obsolete airplanes. Included in the record here is a copy of the Requisition and Invoice/Shipping Documnt (DD form 1149) which stowe that the nut clamps wer? valued at 23 cents each and the self- locking nuts at $1.10 each. Those amounts represent the cost of the articles to the Government, and the amounts invoiced to the Curator at thae Marine Corps Museum. The Marine Corps states that the items lost were desirable and useful to the Marine Corps Museum and, that the articles had been requisitioned for the use of the Aviation Center to repair, reconstruct and assemble various museum pieces. The Marine Corps also states that the value of the items lost is the value shown on the invoice transfer document.

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