No. 01-270.

537 U.S. 36 (2002)

123 S.Ct. 371

154 L.Ed.2d 377


Supreme Court of United States.

Decided November 5, 2002.

Attorney(s) appearing for the Case

Charles A. Rothfeld argued the cause for petitioner. With him on the briefs were Evan M. Tager, Robert L. Bronston, John W. Bryant, and R. Ian Hunter.

Austin C. Schlick argued the cause for the United States as amicus curiae in support of petitioner. With him on the brief were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Wallace, Michael Jay Singer, Bruce G. Forrest, Kirk K. Van Tine, Paul M. Geier, Dale C. Andrews, and Laura C. Fentonmiller.

Thomas L. Casey, Solicitor General of Michigan, argued the cause for respondents. With him on the briefs were Jennifer M. Granholm, Attorney General, Susan I. Leffler, Assistant Solicitor General, and David A. Voges and Henry J. Boynton, Assistant Attorneys General.*

JUSTICE O'CONNOR delivered the opinion of the Court.

We granted certiorari in this case, 534 U.S. 1112 (2002), to determine whether the Michigan Supreme Court erred in holding that, under 49 U. S. C. § 14504(c)(2)(B)(iv)(III), only a State's "generic" fee is relevant to determining the fee that was "collected or charged as of November 15, 1991."



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