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B-189382 1 (1978-01-06)

handle is hein.gao/gaobadfoi0001 and id is 1 raw text is: DECISION FILE: 3-1893B2 THE CDMPTROLLE GENERAL ,-' r F THE UNeTE SFTATES WASHINGTON. D.c.'. 20540 DATE: January 6; 1978 MATTER OF: Navajo Freight Lines, Inc. DIGEST: 1. Carrier may employ agent to perform transportation services for it. 2. Whether o? not an agency has been created is ordinarily quest'.on of fact as determined by relations and intentions of parties; facts in this case indicate that alleged pickup carrier acted as agent of claimant carrier when it made pickup at shipper's plant. Navajo Freight Lines, Inc. (Navajo), in its correspondence of June 14, 1977 (its claim No. 57176), requests a review of a deduc- tion action of $125.93 taken by the General Services Administration (GSA). A deduction action constitutes a settlement and the caview of the settlerrEnt is being made by this Office under the p'ovisions of 49 U.S.C. 66(b) (Supp. V, 1975), and 4 C.F.R. 53.3 (1P77). The record shows that Navajo picked up a shipment of electroni: equipment, described as freight all kinds, on May 21, 1975, wider Govenment bill of lading (CDL) No. K-1226393, at the Hazeltine Corporation, Avon, Massachusetts, consigned to the naval Supply Center, Oakland, California. Navajo billed and was paid transporta- tion charges of $247.77, on its bill No. 1805-75, on August 22, 1975. GSA, in its audit of transportation charges, lower rate was available for the Government based United States Government Quotation No. I.C.C. RMB collected the overcharge of $125.93 by deduccion. determined that a on Item 2200 of 33 (EIMB 33). GSA Navajo contends that the shipment was picked up by Intercity Transportation Company (Intercity), not Navajo, that Intercity does not participate in RMB 33, and that therefore the rates in RMD 33 do not apply in this case. Navajo further contenda that it is illegal for one intercIty carrier to pick up a shipment for another intercity carrier. In support of its contention, Navajo has fur- nishad a copy of its freilht bill No. 555230, which does inoicate that Intercity picked up the shipment on GBL K-1226393, on May 21, 1975. - 1- -:1 C0 I

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