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B-167778 1 (1973-11-20)

handle is hein.gao/gaobaadul0001 and id is 1 raw text is: - iq -l 4 *:2. COMPTROLLER GENEFAL OF THE UNITED STATES 4 WASRIINGTON, D.C. 20548 1-167778 I.40 *.'Pt.qNovember 20, 1973 j'* The Atchison, Topeka and Santa Fa Railway Cowipany P 0oBox 1738 900 Jackson Street Topeka, Kansas 66623 Attentiont S. 1. Goodwin Auditor of Revenues Gentlumen: £C0 m 4?r We refer to your 1et ers to our TransporLntion and Claims Division regarding the 0'fusal to allc; your claim on ino supplemental bills for (additional tranaportation chargegj The appeudix to this decision contains a list of those bill nwbers and other partinent information, We are treating your letters an a requost to review the action taken by the Division because of your allegations per- taining to the application and interpretation of the period of limitations set forth in section 322 of the Transportation Act of 1940, a amended by Public Law 85-762, approved August 26, 1958, 49 U.S.C. 66, in light of the Court of Claim' decision in E rio Lackawanna RailaCnrCompany v._The United Statea, 439 V. 2d 194 (1971). In each settlement the Division barred the difference between an amount later claimed nd an overcharge initially deducted; that is, amounts in excese of those deducted were determined to be barred. Also, the nuounts included in the supplemental bills for port charges were disallowed, The supplemental bills were received in the General Accounting Office more than 3 years after original pay- ment, but within 3 years of the date of deduction. You raise the quezation, whether, in view of Erie,, allowance s limited to the amowt deducted under 49 U.S.C. 66 where the * carrier's claim is received in the General Accounting Office mora than 3 years from the date of original payment but less than 3 years from the Oate of the deduction. p - 3 |16~L

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