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B-190147 1 (1977-11-15)

handle is hein.gao/gaobadfhr0001 and id is 1 raw text is: -f-t- ?4~r Hrm COMPTRCLLUR1 DrarNERAL1 DECISION 0h ' IF T H 1 UN1YIT EC SBTATE0 WVAGHI NOGTOQN 0 2 0 5 -2B FILE: 8-190147 DATT November 15, 1977 MATTER OF: Pacific Intermountain Express Co. DIGEST: 1. Carries delivery of an overage on a free astray basis at one terminal does not explain shortage oF different items at another terminal. 2. Agency advised that it har! no record of receiving missing items and it is the practice of our Office to recept statements of facts furnished by agency in absence of plain and convincing proof to the contrary. 48 Comp. Gen. 638, 644 (1969); B-181871, Febr;,ary 11, 1977. Pacific Intermountain Express Co. (PIE) requests review of our Claims Division's Settlemen Certificate dated August 3, 1977, in which the Division disallowed PIE's claim Cor $1,622.31., The amount claimed was collected by administrative setoff frnm Central Storage & Transfer Co., Inc. (Central), to liquidate the Government's claim for unearned freight charges and the loss of three cartons of automobile transmissions from a shipment of miscellaneous freight tendered to PIE and delivered by Central. PIE rei.bursed Central for the deduction and as a subrogee presented this claim. On April 26, 1972, PIE, the origin carrier, pickfd up P shipment at Tooele Army Depot, Tooele, Utah, consisting of 26 items of freight consigned to New Cumberland Army Depot. New Cumberland, Pennsylvania, under Covernmcnt bill of lading (GBL) No. H-0953128. Described in the bill of lading, among other items, wore 12 automobile transmissions, TCN (Transportation Control Number): AK6270 2120 0005 CXXX, FSN (Federal Supply Numer): 2520 880 4152. Central, th,' delivering carrier, delivered only nine of the transmissions to rhe New Cumberland Army Depot. As a result, $1,622.51 (!1,575, the . lue of the three missing transmissions, plus unearned freight charges of $47.51) was deducted from monies otherwise due Central. PIE does not dispute the Lact tha: a prima facie cace of caarier liability has been made out here by proof that a stated quantity of goods was delivered to the carrier in good condition at origin, that a lesser qu&ntity was dclivered at destination, and that the damages were - 1- Lll I

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