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Reiter Vs. Cooper
Cites for this judgment
- US Supreme Court
- Dec 01, 1992
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U.S. 258 (1992) October Term, 1992 Syllabus Reiter Et Al. V. CooperSearch
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b)(3) is not applicable here since petitioners' claims seek merely 259 recoupment. See United States v. WesternSearch
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avoidance of the tariff rate through claims and defenses that are specifically accorded by the ICA itself. Grancer v. LowdenSearch
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judgment in that claimant's favor, this Court cannot say that insolvency is an absolute bar. Gurtiss- Wright Gorp. v. GeneralSearch
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the reasonableness issue. I In many ways, this is a sequel to our decision in Maislin Industries, U. S., Inc. v. PrimarySearch
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Southern Constr. Co. v. PickardSearch
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Recoupment claims are generally not barred by a statute of limitations so long as the main action is timely. See Bull v. UnitedSearch
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is no reason not to apply this principle to suits under the ICA, and we have indeed already done so. In United States v. WesternSearch
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U. S., at 71. See Glama Dress Co. v. Mid-SouthSearch
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setoff statute, but a general principle of recoupment applicable in other contexts. See Distribution Services, Ltd. v. EddieSearch
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East 60th Owners, Inc. 265 v. BonnerSearch
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Luckenbach S. S. Co. v. UnitedSearch
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See Sears, Roebuck & Co. v. MackeySearch
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Brief any citation in this list with AI Studio
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Cold Metal Process Co. v. UnitedSearch
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Foundry Co., 351 U. S. 445 (1956). This power is largely discretionary, see CurtissWright Corp. v. GeneralSearch
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Lee v. SchweikerSearch
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and defenses such as ignorance, estoppel, or prior agreement to a different rate. See Texas & Pacific R. Go. v. MuggSearch
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Louisville & Nashville R. Go. v. MaxwellSearch
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Pittsburgh, c., C. & S. L. R. Go. v. FinkSearch
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See T. 1. M. E. Inc. v. UnitedSearch
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effect of the filed rate doctrine over reparations counterclaims is not established by our opinion in Grancer v. LowdenSearch
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before they were sued in district court, see Reply Brief for Petitioners 13 and Brief for Respondents 18, in Grancer v. LowdenSearch
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Brief for Respondents 23. See also Milne Truck Lines, Inc. v. MakitaSearch
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similar theory). That argument would have merit if the holding in United States ex rel. Louisville Cement Co. v. ICCSearch
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Ricci v. ChicagoSearch
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Port of Boston Marine Terminal Assn. v. RederiaktiebolagetSearch
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United States v. WesternSearch
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Dorado Terminal Co., 308 U. S. 422 , 433 (1940), which in turn cited Mitchell Coal & Coke Co. v. PennsylvaniaSearch
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id., at 267. 269 without prejudice. See Carnation Co. v. PacificSearch
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Mitchell Coal & Coke Co. v. PennsylvaniaSearch
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and until that recourse is exhausted, suit is premature and must be dismissed. See Myers v. BethlehemSearch
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that to be at least a reasonable interpretation of the statute, and hence a binding one. Chevron U. S. A. Inc. v. NaturalSearch
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and tariff rates not disapproved by the ICC are legal rates, binding on both the shipper and the carrier. See Keogh v. ChicagoSearch
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Arizona Grocery Co. v. AtchisonSearch
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Lowden v. Simonds-Shields-LonsdaleSearch
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Syllabus Reiter Et Al. V. CooperSearch
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See United States v. WesternSearch
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Grancer v. LowdenSearch
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Gurtiss- Wright Gorp. v. GeneralSearch
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Maislin Industries, U. S., Inc. v. PrimarySearch
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See Bull v. UnitedSearch
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In United States v. WesternSearch
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See Glama Dress Co. v. Mid-SouthSearch
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See Distribution Services, Ltd. v. EddieSearch
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CurtissWright Corp. v. GeneralSearch
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See Texas & Pacific R. Go. v. MuggSearch
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C. & S. L. R. Go. v. FinkSearch
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M. E. Inc. v. UnitedSearch
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