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B-197911 1 (1981-11-24)

handle is hein.gao/gaobadjwo0001 and id is 1 raw text is: tjedz DECIBION I THE COMPTRLLUR I UNIRAL UF THE UNITBO STATUS WASHINGTON, 0,C, O1548 B-197911 DATE; lovr mber 24, 1981 MATTER OF: Interstate Van Lines DI3EST; Wnere an Air Force member's household effects were delivered to the carrier in good condition and arrived at the destination in damaged condition, the carrier is presumed negligent absent convincing proof to the contrary* The carrier's allegation that the effects were pocked improperly does not rebut the presumption of negligence without evidence that the allegedly improper packing was the sole cause of damage. Interstate Van Lines, Inc. requests review of action taken by our Olaims Gr up in disallowing its claim for refund in the amount of $6959759 This amount was deducted from monies olherwise duo to Interstate because of damage to various articles in a shipment of an Air Force member's household effects. We affirm the Claims Group's decision. The household effects were picked up at the member's residence in Omaha, Nebraska, on July 16, 1974, and trans- ported to nontemporary storage by Modern Moving and Stor- age Company. On October 24, 1977, they were transferred to the storage facilities of Ford Brothers Van and Storage. On each of these occasions the warehousemen prepared an inventory listing pre-existing damage and the crushed con- dition of several containers. On October 15, 1979, inter.. state pickIid up the household effects from Ford Brothers' storage fa!;ility and, on October 24, 1979, delivered them to the me;?ber, who noted that several items were damaged Vor . The amom .An.gu stion-sepresents damage to . goods that, according to the warehousemen's inventories, were (1) given to Interstate in good condition, or (2) were given to Interstate in less damaged condition than that discovered by the member after Interstate delivered them. I' .7 -%-. - - it t4t*91 a -. a --. 4' 4 -. . 4., .4 .. . ,.. * as.,;.,. ~> 0'~'' .4. ,* 4 . 4, - A 4 . I ii . 9,.-' r * t-rFj%~t'~* ~ ~'~~aa .p~ a.- I' . . [ 'I .4 I P FILE: i 4 *1 .3 I' S I, ~ 4 I -I * ii ~;

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