Full Volume 19 - Federal Maritime Commission

FEDERAL MARITIME COMMISSION
DoCKET No 73 44
KRAFT FOODS
19 F M C 407
v
MOORE MCCORMACK LINES INC
Carrier tariff rule requiring claim for adjustment of freight charges to be filed with the
carrier before shipment leaves custody of the carrier cannot be used to defeat a
claim filed with the Commission within the two year statute of limitation period
Where shipment has left custody of the carrier before a claim for adjustment in
measurement is filed a heavy burden of proof is imposed
Reparation awarded
John J Lavaggi William Levenstein for complainant
for respondent
REPORT ON REMAND
November 24 976
J D Stratton
By THE COMMISSION Karl E Bakke Chairman Clarence Morse Vice
Chairman Ashton C Barrett and James V Day Commissioners
PROCEEDINGS
This proceeding involves a claim by Kraft Foods for reparation from
Moore McCormack Lines Inc for alleged overcharge of ocean freight
The proceeding is before us on remand from the United States Court of
Appeals for the District of Columbia Circuit Kraft Foods v Federal
Maritime Commission decided July 13 1976 We previously denied the
claim by decision served March 26 1974 and denied a petition for
reconsideration by order served December 13 1974 Our denial was
based solely on the fact that respondent s applicable tariff contained a
provision Rule 16 which would not permit it to make adjustments in
freight charges based on alleged error in weight or measurement if the
shipment involved had left the custody of the carrier So far as pertinent
Rule 16 provides as follows
Commissioner Bob Casey not participating