STATE v. N.J. BELL TEL. CO.


30 N.J. 16 (1959)

152 A.2d 35

STATE OF NEW JERSEY AND DAVID D. FURMAN, ATTORNEY GENERAL OF NEW JERSEY, APPELLANTS, v. NEW JERSEY BELL TELEPHONE COMPANY, ETC., AND DEPARTMENT OF PUBLIC UTILITIES, BOARD OF PUBLIC UTILITY COMMISSIONERS, STATE OF NEW JERSEY, RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 1, 1959.


Attorney(s) appearing for the Case

Mr. David D. Furman, Attorney General of New Jersey, argued the cause for the appellants (Mr. Thorn Lord, attorney appointed to protect the public interest pursuant to N.J.S.A. 48:2-31.1, of counsel; Mr. William L. Boyan, Deputy Attorney General, on the brief).

Mr. Duane E. Minard, Jr., argued the cause for the respondent, New Jersey Bell Telephone Company (Messrs. Thomas Glynn Walker and Duane E. Minard, Jr., attorneys).

Mr. Eugene Brennan, Regional Counsel, argued the cause for General Services Administration of the United States of America, amicus curiae (Mr. George Cochran Doub, Assistant Attorney General, Civil Division; Mr. John G. Laughlin, Attorney, Civil Division, of counsel; Mr. J.H. Macomber, Jr., General Counsel; Mr. Frederick W. Benniston, Assistant General Counsel; Mr. Malcolm D. Miller, Chief Counsel; Mr. Donegan Mann, Attorney; Mr. Clarence J. Koontz, Attorney).

Mr. John R. Sailer argued the cause for Plainfield-Union Water Company, amicus curiae (Mr. William R. Holzapfel, on the brief).

Mr. H. Frank Pettit argued the cause as rate counsel by appointment of the Attorney General in Plainfield-Union Water Co. v. Board of Public Utility Commissioners, as amicus curiae.

Mr. Samuel William Zerman, attorney for Hackensack Water Company, amicus curiae (Mr. Russell E. Watson, of counsel).

Mr. Alfred W. Kiefer, rate counsel by appointment of the Attorney General in Hackensack Water Company v. Board of Public Utility Commissioners, as amicus curiae (Mr. Christian Bollermann, on the brief).


The opinion of the court was delivered by BURLING, J.

This is a public utility rate case. On April 26, 1957 the New Jersey Bell Telephone Company filed new rate schedules with the Board of Public Utility Commissioners. The new schedules, which were to become effective on June 1, 1957, were designed to increase annual intrastate revenues by $14,148,000 and income after deductions of taxes and operating expenses (net income)...

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