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B-212991 1 (1983-11-28)

handle is hein.gao/gaobadlkn0001 and id is 1 raw text is: f- ,L THE COMPTROLLER GENERAL .ECISICN .. OF THE UNITED STATES WA B H IN T0ON. 0. C. 20 54 9 FILE: B-212991 DATE: NTovember 28, 1983 MATTER OF: General Services Administration-- Request for Advance Decision; JAMAR Trucking DIGEST: 1. Burden of showing that a new company is not a mere continuation of an old company is on the company seeking to avoid liability for the debts of the old company. 2. Direct recovery from new company is proper where record establishes that the new company is either identical to the predecessor company or, at most, a continuation of the activities and interests of the old company. 3. Where a carrier transports goods without proper operating authority, carrier can be paid quantum meruit based on the usual or going rates of other authorized carriers for the same services. The General Services Administration (GSA) requests an advance decision concerning the propriety of payment of $1,553.34 in freight charges to Jeffery T. Tate/JAMAR Trucking (JAAR-2), for transportation services provided to the government under government bill of lading (GBL) No. M-4,868,713. The request arises because there is a James W. Tate/JAI-AR Trucking (JAIMAR-l) which had previously filed for bankruptcy and which is indebted to the govern- ment for transportation overcharges in the amount of $2,720.55. JAMAR-2 picked up a shiprent of freight all kinds in Memphis, Tennessee, on March 29, 1983, and delivered it in Minot, North Dakota, on April 1, 1983. ICC tender 0025, the rate authority cited on the GBL, was issued by JAMAR-2 on January 1, 1983, effective March 1, 1983. This tender was issued under operating authority MC 1493988 and was executed by J.W. Tate, Traffic Manager. When JAMAR-2 presented its claim for transportation charges to the United States Army Finance and Accounting Center (USAFAC) for payment, USAFAC declined payment since a JAMAR KY~1~LA1

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