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C. & P. PHONE CO. v. PUB. SERV. COMM.

[No. 92, October Term, 1952.]

201 Md. 170 (1952)

93 A.2d 249

CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF BALTIMORE CITY v. PUBLIC SERVICE COMMISSION ET AL. PEOPLE'S COUNSEL ET AL. v. PUBLIC SERVICE COMMISSION ET AL. (Two Appeals in One Record)

Court of Appeals of Maryland.

Decided December 5, 1952.

Attorney(s) appearing for the Case

Clarence W. Miles, with whom were William G. Gassaway, William B. Rafferty, Stephen H. Fletcher, and Miles, Walsh, O'Brien and Morris, on the brief, for The Chesapeake and Potomac Telephone Company of Baltimore City.

Joseph Allen, People's Counsel, and Ward B. Coe, Jr., Assistant People's Counsel, for the People's Counsel.

H. Donald Schwaab, Assistant City Solicitor of Baltimore, with whom were Thomas N. Biddison, City Solicitor, Edwin Harlan, Deputy City Solicitor, and Hugo A. Ricciuti, Assistant City Solicitor, on the brief, for the Mayor and City Counsel of Baltimore.

Charles D. Harris, General Counsel, for the Public Service Commission of Maryland, amicus curiae.

The cause was argued before MARKELL, C.J., and DELAPLAINE, COLLINS and HENDERSON, JJ.

HENDERSON, J., delivered the opinion of the Court.

The appeal in this rate case is from an order of the Circuit Court No. 2 of Baltimore City dismissing a bill of complaint filed by the appellant against the Public Service Commission of Maryland, except to the extent that certain relief prayed therein was granted, and remanding the case to the Commission for further proceedings. The bill of complaint had been filed pursuant to the provisions of Sections 359 and 415...

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