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B-247442 1 (1992-03-16)

handle is hein.gao/gaobadoah0001 and id is 1 raw text is: 


Comptrouer General
of the United States
Washtiton, DC, 20548
IeelDsion



Matter of:      Carlyle Brothers Forwarding Co.

File:           B-247442

Date: farch 16, 1992


DIGESTS

1, Proof of tender of shotgun is not established merely by
GBL statement that shipment contains firearms where
shipper, who was counseled that firearm shipments require
special attention, signs inventory that does not mention the
firearm and asserts that it was contained in an inventoried
carton labeled Wardrobe stuffed animals.

2. Prima facie case of carrier liability is established
where items allegedly lost bear a reasonable relationship to
items shown on the inventory as a carton's contents, The
carrier packed the shipment and was responsible for
preparing the inventory, and it is not reasonable to
conclude simply from the carrier's own labeling and
inventorying decisions that items not specified on the
inventory and claimed lost were not tendered.

DECISION

Carlyle Brothers Forwarding Co. asks that we review our
Claims Group's disallowance of reimbursement of $367.61 set
off from revenues otherwise due to the firm to recover for
the loss of and damage to a member's household goods
incident to transit under Government Bill of Lading (GBL)
EP-137,251. This amount relates to inventory items #338
(halloween decorations - $113.40), #339 (shotgun - $242.99),
and #377 (drapes - $11.22),

We reverse the Claims Group's decision as to the shotgun,
but we affirm it as to the drapes and the halloween
decorations.

In order for the government to establish a orima facie case
of liability for loss against a carrier, tender of the goods
to the carrier must be shown. See Paul Arpin Van Lines,
Inc.,,B-213784, May 22, 1992. The sole issue here is
whether the items were tendered; no tampering of sealed
cartons is alleged.

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