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REITER v. COOPER

No. 91-1496.

507 U.S. 258 (1993)

113 S.Ct. 1213

122 L.Ed.2d 604

REITER et al. v. COOPER, trustee for CAROLINA MOTOR EXPRESS, INC., et al.

Supreme Court of United States.

Decided March 8, 1993.

Attorney(s) appearing for the Case

Carter G. Phillips argued the cause for petitioners. With him on the briefs were Robert J. Gallagher and Rex E. Lee.

Michael L. Dreeben argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Starr, Deputy Solicitor General Wallace, Robert S. Burk, Henri F. Rush, and Ellen D. Hanson.

Joseph L. Steinfeld, Jr., argued the cause for respondents. With him on the brief were Robert B. Walker, John T. Siegler, and Langdon M. Cooper.*

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Stevens, O'Connor, Kennedy, Souter, and Thomas, JJ., joined. Blackmun, J., dissented.

Justice Scalia, delivered the opinion of the Court.

This case presents the question whether, when a shipper defends against a motor common carrier's suit to collect tariff rates with the claim that the tariff rates were unreasonable, the court should proceed immediately to judgment on the carrier's complaint without waiting for the Interstate Commerce Commission (ICC) to rule on the reasonableness issue.

I

In many ways, this is a sequel to our decision...

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