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B-188097 1 (1978-05-17)

handle is hein.gao/gaobadgbq0001 and id is 1 raw text is: 4?ri' THE COMPTRIOLLER UENEfRP2ZP1w-o DECISION . . aF THE UNITEC *TATrE WASHINGTON. D.C. 0548 I!~ FILE: B-189097 DATE: MAY 1? 1978 4MATER OF: Trans Country Van Lines, Inc. - Reconsideration DIGEST: Where household goods carrier transports goods without Interstate Commerce Commission operating authority carrier should be pnid quantum meruit based on its household goods tender or quotation rates. Prior decision affirmed. Trans Country Van Lines, Inc. (Trans Country), by letter dated July 26, 1977, requests reconsideration of our decision of July 19, 1977, a-188097, wherein we sustained the General Services Administration's disallowance of Trans Country's claim for additional transportation charges. The clakm is based upon the carriage of Government pinperty for the Department of the Air Forea under Government bill of ladng (GBL) No. H-0751389, dated January 26, 1973. The Government property, weighing 28,480 pounds, was shipped by the Hamilton *Standard Division of the iiLed Aircraft Corporation, Windsor Locks, Connecticut, to Wright-Patterson Air Force Base, Dayton, Ohio. The commodities described on the GBL fsll into three general categories: electrical equipment and appliances, hand tools and tool cabinets, and airplane propeller blades. In our decision we held that Trans Country had household goods operating authority to transport the part of the shipment consisting of electrical instruments and appliances, and thAt the applicable rates on that part of the shipment are those in Trans Country's Tendar I.C.C. #150, Sub #5 (Tender 150). We also held that since Trans Country had no such operating authority to transport the balance of the shipment (hand tools, tool cabinets and propeller blades), the compensation due Trans Country for that part of the shipment must be computed on the basis of quantum meruit, measured by the lower of the rates in Tender 150 or in Government Rate Tender I.C.C. No. 1-W a rate tender published by the Movers' and Warehousemen's Association of Amer.ca, Inc., Agent. Trans Country now agrees that Tender 150 contains the applicable rates on electrical instruments and appliances; its request for reconsideration concerns the balance of the shipment. The issues raised are: (1) whether the hand tools, tool cabin ts and airplane propeller blades fall within the purview of the Household Goods Commodity description defined and interpreted by the Interstate II

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