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B-205084 1 (1982-06-02)

handle is hein.gao/gaobadkis0001 and id is 1 raw text is: /18662' MI IL %yA 'A k p THE COMPTRF2LL1R GENERAL OF THE UNITED BTATER W AS H ING TO N , D. C, 205403 U-205084 DATE: June 2, 1982 MATTER OF: Paul Arptn Van Lines, Inc. DIGEST; A prima facie case of carrier liability is not ehtaTished where the shipper furnishes no substantive evidence to support hi allegation that he tendered to the carri.er property that he later claims was lost, Paul Arpin Van Lines, Inc. (Arpin) appeals the disallowance by. our Claims Group of its claim for $69 under Government Bill #.f Lading (GBL) M-2910820. That amount represent. the sum subtracted by the Depart- ment of the Army troni money otherwise owed Arpin after the Army allowed an Army meober's clain for several items allegedly lost in the transportation of the mem- ber's household goods from ond duty station to another. nrpin contends that it shculd not be liable for those items because of the absence of any proof that they were tendered to Arpin for transportation. Arpin also believes that the method by which the Army computed the setoff was improper. We sustain the appeal. The item3 allegedly lost were a telephcne, a remote control television changer, a velvet hat, and two china figurines. The Army allowed the member's claim against Arpin for those items apparently because Arpin was respon- sible for packing the member's household goods and because the member acknowledged in writing the criminal penalties for filing a false claim. Since the detailed inventory of the member's household goods, prepared by Arpin, did not specifically list the items claimed to be lost, the Army determined the amount of the setoff by assigning each of those items to a shipping carton that held related items and calculating Arpin's lia- bility based on thc weight of that carton. Our Claims Group agreed that Arpin was liable, and also determined that the Army's method of cvlculating the setoff was proper.' . . 1 .* r- . . . ,,, :aA .0 * v'~?r *r t...-,~. **h * ~ *~-Sii.g4~ .* - 4 - ~ r - ri - a a DECISION FILE: 9. - *1 I' 1. 9. U, -4.' 1 El. WI 'I I', I, * Ii *iI'. . I

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