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ELK RUN TELEPHONE CO. v. GENERAL TELEPHONE CO.

No. 52973.

160 N.W.2d 311 (1968)

ELK RUN TELEPHONE COMPANY, William R. Smith, George H. Smith, Albert Smith, Harlyn Morrow, and Duane Schumacker, Appellees, v. GENERAL TELEPHONE COMPANY OF IOWA, Hawkeye State Telephone Company and Mutual Telephone Company of Auburn, Iowa, Defendants, Iowa State Commerce Commission, Appellant.

Supreme Court of Iowa.

July 18, 1968.

Attorney(s) appearing for the Case

Leo J. Steffen, Jr., Commerce Counsel, and Daniel J. Fay and Susan Thomas, Asst. Commerce Counsel, Des Moines, for appellant.

Bernard L. Willis, Lake City, for appellees.

Eaton & Eaton, Sidney, and Swanson & Swanson, Lake City, for General Telephone Co. of Iowa.

Thoma, Schoenthal, Davis, Hockenberg & Wine, Des Moines, for Hawkeye State Telephone Co. and Mutual Telephone Co. of Auburn, Iowa.

LeGRAND, Justice.

This interlocutory appeal from an order overruling motion to dismiss plaintiffs' petition presents for the first time questions involving an interpretation of chapter 490A, Code of Iowa, 1966, which was enacted by the 60th G.A. and became effective July 4, 1963. By its provisions the Iowa Commerce Commission was authorized to regulate the rates and services of public utilities "to the extent and in the manner" there set out.

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