Legal Opinion
Security Services, Inc. v. Kmart Corp.
Supreme Court of the United States
Decided May 16, 1994No. 93-284PublishedCited by 59 opinions
1Opinion of the CourtJustice Souter
This case presents the question whether a motor carrier in bankruptcy may recover for undercharges based on tariff rates that are void as a matter of law under the Interstate Commerce Commission’s regulations. We hold that the carrier may not rely on the filed but void tariff.
I
On August 20, 1984, petitioner Security Services, Inc., (then known as Riss International Corp.) filed with the Interstate Commerce Commission (Commission or ICC) a mileage (or distance) rate tariff having an effective date 30 days later. The tariff was received, accepted, and filed, and was never rejected by the ICC.…
2Cases cited14 opinions
- Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
- Reiter v. CooperSupreme Court of the United States · 1993
- Maislin Industries, U. S., Inc. v. Primary Steel, Inc.Supreme Court of the United States · 1990
- Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
9 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- MCI Telecommunications Corp. v. American Telephone & Telegraph Co.Supreme Court of the United States · 1994
- Baltimore and Ohio Chicago Terminal Railroad Company v. Wisconsin Central LimitedCourt of Appeals for the Seventh Circuit · 1998
- In Re Nos Communications, Mdl No. 1357Court of Appeals for the Ninth Circuit · 2007
- McCray v. Fidelity National Title InsuranceCourt of Appeals for the Third Circuit · 2012
- MENDOZA-SANDINOBoard of Immigration Appeals · 2000
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