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B-183483 1 (1976-11-29)

handle is hein.gao/gaobadehe0001 and id is 1 raw text is: 6 THE CONIPTROL.EUF GEiNEIRAL La 0lM- CIS 10\l . ', . OF THIE UIltITED. L9TATED F W1 wASHINGTON 0D.C. M %5i4 8 t-1 - FILE: DATE: NOV 2 9 1976 MATTERI q 43 Uastnr Carloading Co., Inc. DIGEST: Prima fa Je case 'of carrier liablity for conceaed dsaae established where damage to 4,520 pound shipwiant of firebrick shapem is discovered five days aftr delivery only one block from actual point of dalivrry o consignse's premiseas where a photograph shaws toxes in shipment worn and torn on the inside with extensive damage to firebrick shapers and where a signed utatement of Receiving Deparbuant Supervisor evidences visual inapaction of shipment upcn receipt and iUnadiately after dicoveiry of dainge. Western Carloading Co., Ic. (Western) requests review of a Settlement Cert:ficato dated January 20, 1976, In which the Clasms Diviolon of the General Accounting Office disallowed its claim for refund of $1,146.55. The claim reprsents one-half of the total damages collected from Western Ancidet tW dageas to a shipment of firebirick shapes tranispocted October 27, 1972, unear Governmcnt bill of lading No. H-1505209 from Atlanta, Georgia, to El Segundo, Catifornia. Western asserts that the damas could have occurred prior to its rnceipt of the shipment at origin, while the shipment was in the hands of the carrist or in tha handl'ng after delivery. Western argufs that since no oiddenct has been produced to show where or when the damagem occurrad, its comprondse nettlement in accordance with Interstate Commerie Comission Administrative Ruling 120 of July 7, 1972, interpre.iag Section 20(11) of the Intewrtate Comurce Act, 49 U.S.C. 20(11) (1970), sbould be ascepted. Therefore, Western arguen in effezt that the disallowance of its claim is unwarranted. The shipment, v.ishing 4,320 pounds, conoiated of firabrick shipes contained in to pallets of boxes with metal strapping, Delivery to the consignee was on November 3, 1972. At that time the shipment did not show any visible signs of damage to the out- aide of the shipp4ng boxes and the consignee signed a clear delivery receipt. The shipment then was transported to the using department *pproximately one block away. The cartons were not opened until

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