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B-213840 1 (1984-02-28)

handle is hein.gao/gaobadloi0001 and id is 1 raw text is: VTE COMPTROLLER GENERAL IECISION .I. OP THE UNITEO ETATES WASHINGTON. 0.C. 2054U FILE: B-213840 DATE: February 28, 1984 MATTER OF: The B&B Lines DIGEST: A freight bill acknowledging receipt of a shipment without exception is not con- clusive evidence that a reusable container was delivered without damage. Where the shipper explains that the consignee's receiving employees failed to note on the freight bill that the container was damaged because they mistakenly thought a notation was unnecessary as the fuel tank within the container was not damaged, the shipper has established a prima facie case of carrier liability, which is not rebutted by the carrier's mere speculation that the damage occurred after delivery. The B&B Lines appeals a decision by our Claims Group denying the firm's request for a refund of $191.07 that the Department of the Air Force withheld from an amount otherwise due B&B to compensate for the cost of repair- ing a reusable wooden shipping container for an aluminum aircraft wing fuel tank that B&B transported for the government. The Air Force contends the container was damaged during shipment, while B&B maintains that the damage must have occurred after delivery. We affirm the Claims Group's decision. The consignee did not take any exception to the delivery when signing the freight bill acknowledging receipt of the shipment. The Air Force states that the damage nevertheless was noted by the consignee's receiving employees upon delivery; the record contains a written statement signed by the consignee's checker and supervisor that the damage was noted upon receipt

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