BNUMBER:  B-256686.3
DATE:  December 28, 1995
TITLE:  [Letter]

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B-256686.3

December 28, 1995

Caisson Forwarding Company, Inc.
1125 Gardner Road
Broadview, IL  60153

Attention:Kevin Spealman
        Director of Claims and
          Customer Service

Dear Mr. Spealman:

This is in response to your letter of August 8, 1995, requesting a 
second reconsideration of our decision B-256686, of November 7, 1994, 
in the matter of Caisson Forwarding Company, Inc., which decision we 
affirmed by letter of July 25, 1995.  The result was the denial of 
your request for a refund of the funds set off for the loss of a lawn 
mower in the shipment of a service member's household goods.

In this reconsideration request, you state that our Office appears to 
have forgotten the main thrust of your firm's argument that the mower 
was found in nontemporary storage which proves that the item was never 
tendered to your firm for delivery to the member.  You also state that 
the only reason we upheld the set off was because we found that you 
had not initiated a tracer action, which you have now shown was done.

The lack of a tracer was not the only reason given in our November 7, 
1994, decision for your firm's liability for the mower.  More 
important is the fact that Caisson's agent noted no exception to the 
inventory, which included the mower, at the time the shipment was 
picked up from storage, therefore shifting liability to Caisson for 
nondelivery.  The issue of the timeliness of the tracer would have 
been moot if this action had been taken.

Since no exception was taken, by the time the mower was discovered, 
settlement of the member's claim had occurred.  In accordance with 
Section 38 of the Tender of Service agreement, after 30 days have 
elapsed, the service paid the member's claim and looked to Caisson for 
payment.  As noted in the decision, when the mower was found, it 
became the property of Caisson.  Accordingly, we see no basis to 
modify our prior holding.

You ask about the next level of appeal.  Our Office has issued a 
decision and two reconsiderations of the matter.  Requests for further 
consideration here would therefore appear to serve no useful purpose.  
If you wish, you may pursue the matter in the United States Court of 
Federal Claims or in an appropriate United States District Court.

Sincerely yours,

/s/Lowell Dodge
for Robert P. Murphy
General Counsel

B-256686.3
December 28, 1995
DIGEST

Prior decision holding that carrier who picked up household goods 
shipment from nontemporary storage and did not take exception on 
inventory regarding missing lawn mower, found 2ï¿½ months later in 
storage facility, was liable for loss is affirmed on reconsideration 
because even though carrier instituted tracer action, mower was not 
found until after claim had been settled with member and mower became 
property of carrier.