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B-197911 1 (1988-06-27)

handle is hein.gao/gaobadndi0001 and id is 1 raw text is: 


  AThe Comptroller General
           of the United States
Wmshington, D.C. 20548
           Decision


                      Interstate Van Lines, Inc. -

           Matter of: Lost Household Goods

           File:      B-197911

           Date:      June 27, 1988


           DIGEST

           Where a common carrier receives notice of additional lost
           items after delivery of a shipment of household goods and
           such notice is within 45 days of delivery, as prescribed by
           the Memorandum of Understanding under which the carrier and
           Navy agree to operate, the notice is timely, and a prima
           facie case of liability against the carrier cannot be
           avoided on the basis of untimely notice.


           DECISION

           Interstate Van Lines, Inc./Valdez Transfer, Inc.
           (Interstate) has appealed from our Claims Group's denial of
           its claim for reimbursement of the amount which the United
           States Navy set off from Interstate's account for the loss
           of a service member's household goods Interstate trans-
           ported.l/ The question at issue is whether notice of loss
           of those goods was provided to the carrier in a timely
           enough manner in order for the carrier to be held liable for
           that loss. We conclude that Interstate was notified in a
           timely manner so that it is liable for the loss; therefore
           we affirm the Claims Group's denial of Interstate's claim.

           When Interstate delivered the service member's household
           goods on November 12, 1982, a few of the goods were noted to
           be lost or damaged. On December 6, 1982, the Navy sent a
           formal notice (NASCORPC Form 4050/54) that these few and two
           additional items had been lost; the notice also invited
           Interstate to inspect the damage and stated that a detailed
           claim would be filed, which occurred on February 14, 1983.
           Interstate accepted liability for the few items noted to be
           lost and damaged upon delivery, but denied liability for the


           1/ The goods belonging to Ensign Jack P. Pierce, USN, were
           shipped by the Navy in August 1982 from Yuma, Arizona, to
           Corpus Christi, Texas, on Government Bill of Lading BP-410-909.

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