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B-206558 1 (1983-11-29)

handle is hein.gao/gaobadlkm0001 and id is 1 raw text is: 

                16 {THE COMPTROLLER GENERAL
  DECISION                oF THE UNITED STATES
                          WASHINGTON. 0. C. 20548




  FILE: B-206558                DATE: Joverber 29, 1983

  MATTER OF: Continental Van Lines, Inc.


  DIGEST:

     Common carrier is liable for full amount of dam-
     age in transit to household goods under govern-
     ment bill of lading bearing both a released val-
     uation notation of 60 cents per pound per
     article and a lump-sum valuation notation of
     $20,000, since, under the Interstate Commerce
     Act, the carrier has the obligation of issuing a
     proper bill of lading or bear any resulting
     loss.

     Continental Van Lines, Inc. (Continental), claims
refund of amounts recovered by the Army Claims Service
(Army) for damages in transit to the household effects of
John W. Carpenter, transported from Belton, Texas, to
Chesterfield, Missouri, under government bill of lading
(GBL) No. M-3757772, dated July 5, 1980.

     We deny the claim.

     On delivery at destination, damage to several articles
was noted by the consignee. Army determined the amount of
the damages to be $3,537.61 and a claim for the damages was
presented to Continental. Continental offered full settle-
ment of the claim on the basis of a released value of 60
cents per pound per article, which it computed to be $489.
Army rejected the offer concending that Mr. Carpenter had
declared a lump-sum valuation of $20,000 and, since the
declared value exceeds the amount of the damages, Continen-
tal is liable for the full amount of the damages. The full
amount of damages claimed by the Army was subsequently
recovered by setoff.

     The GBL bears the following commodity descriotion:
HOUSEHOLD GOODS RELEASED AT VALUATION OF .60t [$0.60] PER
LB. PER ARTICLE. Also on the CBL is the notation, MBR HAS
DECLARED EXCESS VALUATION IN 7OUNT OF $20,000.00.

     Continental alleges that the notation RELEASED AT
VALUATION OF .60  constituted a release of the shipment at
$0.60 per pound per article. Continental also asserts that


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