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MID-CON FREIGHT SYSTEMS, INC. v. MICHIGAN PUB. SERV. COMM'N.

No. 03-1234.

545 U.S. 440 (2005)

MID-CON FREIGHT SYSTEMS, INC., ET AL. v. MICHIGAN PUBLIC SERVICE COMMISSION ET AL.

Supreme Court of United States.

Decided June 20, 2005.

Attorney(s) appearing for the Case

James H. Hanson argued the cause for petitioners. With him on the brief were Andrew K. Light and Lynne D. Lidke.

Malcolm L. Stewart argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Acting Solicitor General Clement, Assistant Attorney General Keisler, Deputy Solicitor General Kneedler, Mark B. Stern, Sushma Soni, Jeffrey A. Rosen, Paul M. Geier, and Dale C. Andrews.

Henry J. Boynton, Assistant Solicitor General of Michigan, argued the cause for respondents. With him on the brief were Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and David A. Voges, Michael A. Nickerson, Glenn R. White, and Emmanuel B. Odunlami, Assistant Attorneys General.

BREYER, J., delivered the opinion of the Court, in which STEVENS, SCALIA, SOUTER, THOMAS, and GINSBURG, JJ., joined. KENNEDY, J., filed a dissenting opinion, in which REHNQUIST, C. J., and O'CONNOR, J., joined, p. 456.

JUSTICE BREYER delivered the opinion of the Court.

This case concerns pre-emption. A Michigan law imposes "an annual fee of $100.00" upon each Michigan license-plated truck that is "operating entirely in interstate commerce." Mich. Comp. Laws Ann. § 478.2(2) (West 2002) (hereinafter MCL). A federal statute states that "a State registration requirement . . . is an unreasonable burden" upon interstate commerce when it imposes so high a fee. 49 U. S. C. ...

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