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SECURITY SERVICES, INC. v. K MART CORP.

No. 92-1833.

996 F.2d 1516 (1993)

SECURITY SERVICES, INC. f/k/a Riss International Corporation, Appellant, v. K MART CORPORATION, Appellee.

United States Court of Appeals, Third Circuit.

Decided June 18, 1993.

Attorney(s) appearing for the Case

Paul O. Taylor, Harris & Taylor, Bloomington, MN, for appellant.

William J. Augello, George Carl Pezold, Raymond A. Selvaggio, Augello, Pezold & Hirschmann, Huntington, NY, Charles Howard, Hoyle, Morris & Kerr, Philadelphia, PA, for appellee.

Before: COWEN, ROTH, and ROSENN, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) May 4, 1993.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This case presents a recurring question of late whether a carrier in bankruptcy can recover undercharges under tariff rates filed for interstate commerce transportation notwithstanding the lower rates actually negotiated and collected prior to its bankruptcy. Plaintiff-Appellant Security Services, Inc., f/k/a Riss International Corporation (Riss), filed...

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