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B-197120 1 (1980-01-23)

handle is hein.gao/gaobadhxn0001 and id is 1 raw text is: THE COMPTROLLER GENERAL oF THE UNITED STATEB WASHINGTON, D.C. 20548 FILE: B-197120 DATE: January 23, 1980 MATTER OF: Thurston Motor Lines, Inc. DIGEST: Where request for review of settlement /u zd4i/ vyrrYerJ is based upon an argument not previ- 7 ously considered which is unsubstan- tiated by facts on record, settlement must be sustained. /w 0 3 6 ? 0 Thurston Motor Lines, Incf (Thurston) has request- ed review of our Claims Division's settlement dated October 27, 1978, (Claims Division file No. Z-2356568(2)) in which Thurston was found liable to the Government for the loss of electrical instruments valued at $24,529.64. Specifically, Thurston submits that the Claims Division misunderstood a fact in the record which, if considered properly, might have affected the outcome of the settlement. For the reasons stated below, the settlement is sustained. The record indicates that four pieces of freight containing electrical instruments were tendered under Government bill of lading No. F-2478759 to East Texas Motor Freight, Inc. (ETMF), in Abilene, Texas, on January 30, 1970, and interlined to Thurston on February 16, 1970, for delivery to final destination. At the time of interlining it was noted that a 377- pound carton was missing. On February 18, 1970, the shipment was delivered to the Coast Guard Aircraft7 and Supply Center in Elizabeth'cty-,North Carolina, but was received only after the Coast Guard annotated Thurston's freight bill No. 30-356302 one box short wt. 377 lb. By letters dated February 26 and March 6, 1970, the Coast Guard requested Thurston to take tracer action on the missing carton. The carton was not found and a $24,529.64 bill, representing damages for the los5 was presented to Thurston on October 26, 1970, and again on September 15, 1971. Thurston acknowledged the claim by letter dated June 13, 1973, and formally declined payment in a letter dated October 1, 1975.

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