ICC v. Transcon Lines, 513 U.S. 138, 2 (1995)

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Cite as: 513 U. S. 138 (1995)

Opinion of the Court

warning. Id., at 345-346, distinguished. Neither Maislin nor this Court's other filed rate cases suggest that the doctrine prohibits the ICC from requiring departure from a filed rate when necessary to enforce other specific and valid regulations adopted under the Act. Contrary to respondents' contention, the ICC is not seeking to enforce a secret, unfiled rate in place of a filed rate, but is seeking to enforce the rate for shipping over the rate for shipping plus collection efforts. Pp. 144-149.

9 F. 3d 64, reversed and remanded.

Kennedy, J., delivered the opinion for a unanimous Court.

Deputy Solicitor General Wallace argued the cause for petitioner. With him on the briefs were Solicitor General Days, Assistant Attorney General Hunger, Michael R. Dreeben, Anthony J. Steinmeyer, Henri F. Rush, Ellen D. Hanson, and Evelyn G. Kitay.

Leonard L. Gumport argued the cause for respondents. With him on the briefs were Joseph L. Steinfeld, Jr., Robert B. Walker, John T. Siegler, and Richard S. Berger.*

Justice Kennedy delivered the opinion of the Court.

Though recent Acts of Congress have made substantial changes in the regulation of interstate motor carriers, see Negotiated Rates Act of 1993, 107 Stat. 2044; Trucking Industry Regulatory Reform Act of 1994, 108 Stat. 1683, this case arises under the law in effect before those enactments. We address once again the Interstate Commerce Act's filed rate requirements, 49 U. S. C. §§ 10761(a), 10762(a)(1), and

*Briefs of amici curiae urging reversal were filed for the Health and Personal Care Distribution Conference, Inc., et al. by Daniel J. Sweeney, Frederic L. Wood, and Nicholas J. DiMichael; and for the Transportation Claims and Prevention Council by William J. Augello and Mary Kay Reynolds.

Briefs of amici curiae urging affirmance were filed for the International Brotherhood of Teamsters by Marc J. Fink, Judith A. Scott, and James A. McCall; and for Lloyd T. Whitaker as Trustee for the Estate of Olympia Holding Corp. by Kim D. Mann.

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