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SECURITY SERVICES, INC. v. KMART CORP.

No. 93-284.

511 U.S. 431 (1994)

114 S.Ct. 1702

128 L.Ed.2d 433

SECURITY SERVICES, INC. v. KMART CORP.

Supreme Court of United States.

Decided May 16, 1994.

Attorney(s) appearing for the Case

Paul O. Taylor argued the cause and filed briefs for petitioner.

William J. Augello argued the cause for respondent. With him on the brief was Alice I. Buckley.

John F. Manning argued the cause for the United States et al. as amici curiae urging affirmance. On the brief were Solicitor General Days, Deputy Solicitor General Wallace, Michael R. Dreeben, Henri F. Rush, and Ellen D. Hanson.*

Souter, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Blackmun, Stevens, O'Connor, Scalia, and Kennedy, JJ., joined. Stevens, J., filed a concurring opinion, p. 444. Thomas, J., p. 444, and Ginsburg, J., p. 455, filed dissenting opinions.

Justice Souter, delivered the opinion of the Court.

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...

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