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ARIZONA CORPORATION COMMISSION v. SUPERIOR COURT

No. 9396.

105 Ariz. 56 (1969)

459 P.2d 489

ARIZONA CORPORATION COMMISSION et al., Petitioners, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA and Yale McFate, a judge thereof, et al., Respondents.

Supreme Court of Arizona. In Banc.

Rehearing Denied November 12, 1969.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Charles S. Pierson, Asst. Atty. Gen., for petitioner Arizona Corp. Commission.

Yankee & Bernstein, Phoenix, for respondent Yale McFate, Judge, Superior Court.

Hunter, Bartlett & Penn, by Joseph W. Mahowald and James E. Hunter, Jordan Green, Phoenix, for respondent Valley Air Lines.

Fennemore, Craig, von Ammon, McClennen & Udall, by Thomas M. Wiley, Phoenix, for respondent Apache Airlines, Inc.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by Robert G. Beshears and David L. Haga, Phoenix for amicus curiae Arizona Aviation, Inc.

Lesher, Scruggs, Rucker, Kimble & Lindamood, by James M. Sakrison, Tucson for amicus curiae Grand Canyon Airlines.

McFARLAND, Justice:

The Arizona Corporation Commission, by its commissioners, petitioned this Court to issue a Writ of Certiorari to review an order of the Superior Court of Maricopa County prohibiting the Arizona Corporation Commission, hereinafter referred to as the Commission, from taking certain action.

On September 1, 1948, the Commission adopted General Order A-1, which requires that a person obtain a certificate of convenience and necessity before engaging...

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