The Gulf, Mobile and Ohio Railroad Co.
| Decision Date | 01 July 1963 |
| Docket Number | B-151433 |
| Court | Comptroller General of the United States |
| Parties | THE GULF, MOBILE AND OHIO RAILROAD COMPANY |
Statutes of limitation - claims - transportation - transit privileges in transit shipments under government bills of lading which originated in 1953 but were not delivered at destination until after August 26, 1958--- the date of the act (49 U.S.C 66) establishing a 3 year limitation on claims for transportation performed and paid for after such date--- must be regarded as being performed within the meaning of the act when the shipments were delivered at destination rather than when the shipments originated; therefore, since the claims for additional freight charges were not received in the general accounting office until more than 3 years after both performance of the transportation and payment, the claims are barred by the act.
By letter of March 8, 1963, file no. W-66826-ci24, to the director of our transportation division, you request reconsideration of your claim per supplemental bill no W-66826-a for additional freight charges of $1, 349.64 alleged to be due for the transportation of three carloads of fiber cordage sisal which moved from naval construction battalion center, davisville, Rhode Island, a transit point to the international harvester co., new orleans, Louisiana under government bill of lading nos. Gs-t- 3017, gs-t-3023 and gs-t-3021, dated December 19, December 18, and December 23, 1958, respectively. The inbound transit movements originated from Boston, Massachusetts, during the first quarter of 1953.
For the service performed on the outbound transportation, you originally claimed and were paid the amount of $4, 200.75 on March 4, 1959, by d.O. Voucher no. 14312. On audit of the payment voucher in our office, no exception was taken but you subsequently claimed the additional freight charges in question by your supplemental bill which was received in our office on April 6, 1962, or more than 3 years after the original payment. You were advised that consideration of such supplemental claim was barred under the provisions of public law 85-762, 72 Stat. 860, 49 U.S.C. 66, which provides in part as follows:
That every claim cognizable by the general accounting office for charges for transportation within the purview of this section shall be forever barred unless such claim shall be received in the general accounting office within three years (NOT including any time of war) from the date of (1) accrual of the cause of action thereon, or (2) payment of charges for the transportation involved, or (3) subsequent refund for overpayment of such charges, or (4) deduction made pursuant to this section, whichever is later.
In your letters of September 26, 1962, and March 9, 1963, file no. W 66826-c124, you urge that since these transit shipments originated from Boston prior to the effective date of public law 85-762, August 26, 1958, the period of limitations does not apply.
Section 3 of public law 85-762, 72 Stat. 860, 861, 49 U.S.C 66 note, provides in pertinent part as follows:
The provisions of this act which amends section 322 of the transportation act of 1940 (49 U.S.C. 66) shall apply only to transportation performed and payment made therefor subsequent to the effective date of this act.
In our letter of December 21, 1962, t-c/r-cl-tk-736158-rev., to you we stated:
Transit is based on the theory that the entire shipment from origin through the transit point to final...
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