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B-206567 1 (1983-09-23)

handle is hein.gao/gaobadlhx0001 and id is 1 raw text is: THm~ noBMPTROLLER oEie-RAL DECI30r3N( i 7 ' OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-206567 DATE: September 23, 1983 MATTER OF: Sedalia-Marshall-Boonville Stage Line, Inc. DIGEST: 1. Commuter all-cargo air carrier not subject to tariff-filing requirements should not be refunded deductions for alleged overcharges based on the difference between the carrier's published rates and the rates contained in a tender executed by the carrier, where there is conflicting evidence in the record whether the tender was ever accepted by the Government. 2. Commuter all-cargo air carrier should be refunded deductions for alleaed overcharges based on the difference between tariff rates, required to be filed with the Civil Aeronautics Board, and the rates contained in a tender executed by the carrier, since under the Federal Aviation Act of 1958 there is no authority for air carriers to give preferential rates to the Government unless they are properly filed with the Board or the Board has exempted the carrier from its filing requirements. 3. Where an air carrier executed a tender when it was exempted from tariff-filing require- merits of the Civil Aeronautics Board, but the Board subsequently required the carrier to file tariffs, the filed tariffs replaced the tender by operation of law. When the carrier later wvas exempted from tariff- filing requirements, the tender was not revived unless the parties so agreed, and deductions based on the tender thus were not proper. 4. Nonbilling carrier properly may claim a refund of deductions taken by Government

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