Southern Pacific Transportation Co. v. United States

454 F.2d 740, 197 Ct. Cl. 143, 1972 U.S. Ct. Cl. LEXIS 16
CourtUnited States Court of Claims
DecidedJanuary 21, 1972
DocketNo. 45-67
StatusPublished
Cited by6 cases

This text of 454 F.2d 740 (Southern Pacific Transportation Co. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Southern Pacific Transportation Co. v. United States, 454 F.2d 740, 197 Ct. Cl. 143, 1972 U.S. Ct. Cl. LEXIS 16 (cc 1972).

Opinion

Per Curiam:

This case was referred to Chief Commissioner Marion T. Bennett with directions to make findings of fact and recommendation of conclusions of law. The commissioner has done so in a report and opinion filed on June 3, 1971. Exceptions to the commissioner’s findings and recommended conclusion of law were filed by the plaintiff, and the case has been submitted to the court on oral argument of counsel and the briefs of the parties. Since the court is in agreement with the opinion and recommendation of the commissioner, with modifications, it hereby adopts the same, as modified, as the basis for its judgment in this case, as hereinafter set forth. Plaintiff is, therefore, entitled to recover and judgment is entered for plaintiff in the sum of eight thousand five hundred ninety-six dollars and five cents ($8,596.05).

Commissioner Bennett’s opinion, as modified by the court, is as follows:

Plaintiff, a Delaware corporation operating as a railroad common carrier in interstate commerce over its own lines and jointly with other common carriers, seeks here to recover alleged overpayments deducted from balances due it on freight bills on or after February 20,1964. Between 1903 and February 20, 1964, plaintiff performed interstate freight transportation services for defendant as final and delivering carrier of certain shipments of generator sets,1 each mounted on a trailer or a wheel base. Subsequent to such performance, in accordance with rules and regulations promulgated by the Comptroller General for the settlement of transportation accounts, plaintiff submitted bills for services rendered. Thereafter, in the performance of a statutory audit, the General Accounting Office disallowed some of the bills in part and collected the resulting overcharges by deductions from other bills due plaintiff.

There were originally 15 items in dispute, but the parties [146]*146have now agreed that plaintiff is due the sum of $1,360.78 as to Items 4, 7, 9, 12, and 13. The parties have also agreed as to disputed Items 1, 2, 3, 5, 6, 8, 10, 11, 14, and 15 that if plaintiff prevails, it is entitled to recover an additional amount of $7,235.27 (or a total amount of $8,596.05 on all items at issue), and that if defendant prevails, plaintiff is entitled to recover an additional amount of only $352.36 (or a total amount on all items at issue of $1,713.14).

The issue in this case is over which tariff is applicable to the shipments in question. This issue, in turn, raises the question of the identity or nature of such shipments.

Prior to December 26, 1961, Uniform Freight Classification 6 (hereinafter referred to as the UFO) contained, in addition to Item 34760, Item 34745 which read as follows:

Less Carload Carload Item Article Carload Minimum Ratings Ratings (Pounds)
ELECTRICAL APPLIANCES OR EQUIPMENT, OR PARTS named:
34745 Generator and engine combined, with or without switchboards, noibn, mounted on trailer truck, loose.. 85 30,000 46

The parties agree that up to December 26,1961, Item 34745 would have applied to the shipments in question rather than Item 34760 because Item 34745 was more specific. In supplement 6 to the UFC, effective December 26, 1961, Item 34745 was cancelled by Item 34745-A, as follows:

Item Article Less Carload Carload Carload Minimum Ratings Ratings (Pounds)
ELECTRICAL APPLIANCES OR EQUIPMENT, OR PARTS named:
34745-A Generator and engine combined — Can-celled. See Item 73723.

Item 73723, to which reference was made, was a new item which read as follows:

Item Article Less Carload Carload Carload Minimum Ratings Ratings (Pounds)
outfits:
73723 Electric power, noibn, mounted on trailer, each unit weighing not less than 30,000 pounds. 30,000 46

[147]*147The parties agree that Item 73723 is inapplicable to the shipments in question because none of the units in such shipments weighed 30,000 pounds or more. When Item 34745 was cancelled, no change was made in Item 34760 which read as follows:

Item Article Less Carload Carload Carload Minimum Ratings Ratings (Pounds)
ELECTRICAL APPLIANCES OR EQUIPMENT, OR PARTS named:
34760 Generators or motors, or generators and engines combined, loose or in packages or in mixed Package 1174, or parts thereof, noibn, in boxes or crates or in Package 1174. TilA 30,000 46

Item 73720 on which plaintiff relies incorporates by reference Item 73721, and the two items read together as follows:

Item Articles Less Carload Carload Carload Minimum Ratings Ratings (Pounds)
outfits:
73720 Electric lighting, military, other than searchlights or aviation beacons, consisting of generators or generators and engines combined, see Note 13, Item 73721, and other electrical equipment necessary to illuminate military field activities, loose or in packages. 85 30,000 45
73721 Note 13. — Each generator or generator and engine combined may be mounted on or accompanied by a trailer.

Plaintiff contends that Item 34760 is inapplicable because it does not provide for generator sets being momited on a trailer or similar vehicle, and the generator sets at bar are so mounted. In short, plaintiff’s contention is that to apply Item 34760 would not only violate the UFC distinction between momited and unmounted goods, but would violate the rule of construction that a tariff should be interpreted so as to give meaning to all its parts. Plaintiff argues, further, that to apply Item 34760 would be an unreasonable interpretation in that it would amount to a reduction in rates pertaining to trailer-mounted generators where there is no evidence of an intent to reduce such rates.

According to plaintiff, Item 73720 of the UFC is applicable to Items 6, 8, 10, 11, 14, and 15, either by its terms or by [148]*148reason of Rule 17 of the UFC (the rule of analogy) .2 Plaintiff urges that a Section 22 Quotation3 is applicable instead of Item 73720 to Items 1, 2, and 3, and that an “all freight” commodity tariff is applicable instead of Item 73720 to Item 5, because a Section 22 Quotation and “all freight” commodity tariff, respectively, result in these instances in lower charges. Plaintiff argues that if there were no Item 73720 in the UFC, the shipments in question would 'have to be rated as “combination articles” under Rule 18 of the UFC,4 and such a rating would produce higher charges.

Defendant contends that Item 34760 of the UFC, or various commodity tariffs phrased similarly to Item 34760, are applicable to the shipments in question. Defendant concedes that if Item 34760 is inapplicable, these commodity tariffs are also inapplicable.

Defendant argues that prior to its cancellation, Item 34745 of the UFC applied to the shipments in question because it was more specific than Item 34760. The cancellation of Item 34745-A referred to Item 73723, but Item 73723 is inapplicable to the shipments in dispute because none of the units in these shipments weighed 30,000 pounds or more.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Four Winds Forwarding, Inc. v. United States
34 Cont. Cas. Fed. 75,382 (Court of Claims, 1987)
Southern Pacific Transportation Co. v. United States
596 F.2d 461 (Court of Claims, 1979)
Red Ball Motor Freight, Inc.
210 Ct. Cl. 682 (Court of Claims, 1976)
Emery Air Freight Corp. v. United States
499 F.2d 1255 (Court of Claims, 1974)
Union Pacific Railroad v. United States
490 F.2d 1385 (Court of Claims, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
454 F.2d 740, 197 Ct. Cl. 143, 1972 U.S. Ct. Cl. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-pacific-transportation-co-v-united-states-cc-1972.