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B-185038 1 (1976-04-05)

handle is hein.gao/gaobaddqh0001 and id is 1 raw text is: THE COMPTROL _ER GENERAL DECISION OF THE UNITED STATES WASH IN GTON, D.C . 20548 FILE: DATE: APR 1976 B-185038 MATTER OF: Eastern Airlines, Inc. c jO'2 DIGEST: 1. Provisions of tariffs filed with Civil Aeronautics Board are valid unless and until rejected by the Board. 2. Terms of contract of carriage under which carrier transports goods include both bill of lading and the published applicable tariff. 3. Claim against air carrier for damage to a shipment moved on Government bill of lading is not subject to notice requirements of governing air tariff because use of Government bill of lading--which in Condition 7 contains waiver of usual notice requirements--is required by air tariff and creates ambiguity over applicability of notice requirements which is resolved in favor of shipper. The Department of the Air Force sent here for collection a disputed claim for $601.58 against Eastern Airlines, Inc. (Eastern). The claim arose from a shipment of five containers of electrical instruments, weighing a total of 1,122 pounds, which was transported under Governmaent bill of lading No. H-1476322, dated July 31, 1972, from the Bendix Corporation, Davenport, Iowa, to the Naval Air Station, Pensacola, Florida, by United Airlines, Inc., and Eastern. The shipment was delivered to a building at the Naval Air Station on Friday, August 4, 1972, when it was ofUloaded and received in apparent good order. When the containers were opened on Monday, August 7, damage was discovered and Eastern was notified of the damage. On August 9, representatives of the Naval Air Station and of Eastern inspected the damage; among other things, the inspection report indicates that the property would be repaired. The claim for $601.58 represents the maximum limit on Eastern's liability for costs of $6,039.78 incurred by the Govern- ment to repair the damage. Under the tariff governing the ship- ment and unless a higher value is declared, Eastern's caiinuma PUBLISHED DECISION 65 Comp.Gen..

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