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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- SECURITY SERVICES, INC. v. KMART CORP.
- certiorari to the united states court of appeals for
- the third circuit
- No. 93-284. Argued February 28, 1994-Decided May 16, 1994
-
- The mileage rate tariff that petitioner motor carrier filed with the
- Interstate Commerce Commission (ICC) did not list distances for
- calculating charges for shipments, but instead relied upon a
- Household Goods Carriers' Bureau (HGCB) Mileage Guide for its
- distance component. The Mileage Guide states that it may not be
- used to determine rates unless the carrier is shown as a ``partici-
- pant'' in the Guide. Participants are listed in a separate HGCB
- tariff filed with the ICC. When petitioner failed to pay its fees,
- HGCB canceled petitioner's participation by supplementing the
- latter tariff. Sometime later, petitioner contracted to transport
- respondent shipper's goods at rates below its filed tariff rates.
- Petitioner subsequently filed for Chapter 11 bankruptcy and, as
- debtor-in-possession, asserted that respondent was liable under the
- Interstate Commerce Act's filed rate doctrine for undercharges
- based on the difference between the contract and tariff rates.
- Respondent refused to pay. Petitioner sued. The District Court
- granted summary judgment for respondent, and the Court of
- Appeals affirmed, concluding that the filed tariff could not support
- an undercharge claim because it was void under ICC regulations
- requiring participation in mileage guides referred to in a carrier's
- tariff; that the regulations' retroactive voiding of the tariff was
- permissible under ICC v. American Trucking Assns., Inc., 467
- U. S. 354; and that nonparticipation in the Guide was not a mere
- technical defect excused by petitioner's substantial compliance with
- the filed rate rule.
- Held: A motor carrier in bankruptcy may not rely on tariff rates it
- has filed with the ICC, but which are void for nonparticipation
- under ICC regulations, as a basis for recovering undercharges.
- Pp. 3-13.
- (a) A bankruptcy trustee for a defunct carrier or the carrier
- itself as a debtor-in-possession is entitled to rely on the filed rate
- doctrine, which mandates that carriers charge and be paid the
- rates filed in a tariff, to collect for undercharges based on effec-
- tive, filed rates. Maislin Industries, U. S., Inc. v. Primary Steel,
- Inc., 497 U. S. 116. The ICC's void-for-nonparticipation regulation,
- however, invalidates a mileage-based tariff once cancellation of the
- carrier's participation in an agent's distance guide is published, as
- it was here. Such a tariff is incomplete and ceases to satisfy the
- fundamental purpose of tariffs: to disclose the freight charge due
- to the carrier. Petitioner may not recover for undercharges based
- on filed, but void, rates lacking an essential element. Pp. 3-9.
- (b) The rule of American Trucking, supra, at 361-364, is not
- apposite here, for the void-for-nonparticipation regulation does not
- apply retroactively. Under the regulation, petitioner's tariff refer-
- ence to the HGCB Mileage Guide became void as a matter of law
- and its tariff filings incomplete on their face when HGCB canceled
- its participation in the Guide by filing a supplemental tariff. The
- transactions with respondent occurred after that date. Pp. 9-11.
- (c) Also inapplicable is the ``technical defect'' rule. See, e.g.,
- Berwind-White Coal Mining Co. v. Chicago & Erie R. Co., 235
- U. S. 371, 375. A tariff like petitioner's that refers to another
- tariff for essential information, which tariff in turn states that the
- carrier may not refer to it, does not provide the ``adequate notice''
- of rates to be charged that the Court's ``technical defect'' cases
- require. Pp. 11-13.
- 996 F. 2d 1516, affirmed.
- Souter, J., delivered the opinion of the Court, in which Rehn-
- quist, C. J., and Blackmun, Stevens, O'Connor, Scalia, and
- Kennedy, JJ., joined. Stevens, J., filed a concurring opinion.
- Thomas, J., and Ginsburg, J., filed dissenting opinions.
-