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B-189597 1 (1978-04-18)

handle is hein.gao/gaobadfzl0001 and id is 1 raw text is: <11. - uD R Shipman . ?4M5 COMPTROLLER ENEWAL OCISION CF THE UNITEO STATUE PVIA*MINGTON. D.C. 80 48 ,VITIL. FILE: 3-189597 DATE: April 18, 1978 MATTEPR OF Ndmara-Luns Vans and Warehouses, Inc. DIGEST: 1. Household goods carrier receiving packaged goods from warehouse or another carrier is not required by provisions of Basic Tender of Service, DOD Regs. 4500.34R, to unpack and examine goods to prepare inventory. 2. Loss of or damage to goods which pass through the hands of several custodians is presumed at comon law to occur in the custody of the last custodian. 3. Shipper eastablishes prima facie case of carrier liability for loss or damage in transit by showing failure to deliver the same quantity or quality of r-ods at destination. 4. Once prima fncie case of loss or damage in transit is established burden is on carrier to show by affirmative evidence that loss or damage did not occur in its custody or was sole result of an excepted cause and mare suggestion or allegation is not sufficient. 5. Determination by administrative office that additional damage was caused will be accepted by the General Acco'ating Offi.2 in the absence of c1car and convincing contra 'y evidence. 6. Carriers of household goods have entead Into sgreament with branches of the military departments to accept liability for damages or loss noted to the carrier within 30 days of delivery. The Department of the Air Force referred to the General Accounting Office the protest of McNamara-Lunz Vans and Warehouses, Inc. (McNamara), to the recovery by setoff of $550.30, the value of damages to an Air Force member's household effects while in transit from nontemporary storage at Armstrong Moving and Storage Inc. (Armstrong), San Antonio, Texas, to tfe residence of the Air Force member in Houston, Texas. We will treat McNamara's protest as a claim fcr refund of the $550.30. The household effects were picked up at tr-e residence of the mem- ber in Schertz, Texan, by Armstrong as agent fir United Van Lines, Inc., on March 16, 1976, atd transporteC to nontampcary storage at Armstrong -I1-. tranep. .1 II~ o I

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