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B-185131 1 (1976-09-30)

handle is hein.gao/gaobadcxm0001 and id is 1 raw text is: * THE COMPTROL. .R GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: DATE: MATTE I8 31 SEP 3 0 1976 Consolidated Freightways 9 797(6 DIGEST: Carrierts delivery of a shipment on free astray basis does not explain loss in transit of similar shipment admittedly received later by carrier at origin, where evidence shows existence at origin of two separate different sized similar shipments released for transportation two days apart. Consolidated Freightways (Consolidated) requests review of our Claims Division's Settlement Certificate dated January 30, 1976, in which the Division disallowed Consolidated's claim for $563.68. The amount claimed had been collected by administrative setoff from Consolidated to liquidate the Government's claim for da,&ages and unearned freight charges on a shipment of an aircraft panel assembly which was lost in transit while in the possession of Consolidated for transportation from St. Joseph, Missouri, to Tinker Air Force Bane, Oklahoma, on Government bill of lading (GBL) No. Z-8687303, dated November 7, 1973. Consolidated does not dispute the fact that a prima facie case of carrier liability has been made out here by proof that a stated quantity of goods wan delivered to the carrier in good condition at origin, that a lesBer quantity was delivered at destination, and that the damages were $563.68. Missouri Pacific R.R. v. Elmore & Stahl, 377 U.S. 134 (1964). Instead, Consolidated contends that the loss is explained by the alleged facts that a sinflar aircraft panel assembly was picked up at the same origin and at the same time and delivered by it to the same des- tination at a later date on a free astray basis. However, evidence contained in the record rebuts Consolidated's factual allegations. One of the documents required to be prepared by Department of Defense (DOD) components in connection with the transportation of material within the Defense Transportation System is a DOD Single Line Item Release/ Receipt Document, DD Form 1348-1. The form pertaining to the aircraft panel assembly picked up by Consolidated and

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