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MT. STATES TEL. & TEL. v. ARIZ. CORP. COM'N

No. 1 CA-CIV 5850.

137 Ariz. 565 (1983)

672 P.2d 495

The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation, Plaintiff-Appellee, v. ARIZONA CORPORATION COMMISSION and Jim Weeks, Bud Tims and John Ahearn, as members of the Arizona Corporation Commission, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied September 20, 1983.

Review Denied November 22, 1983.

Attorney(s) appearing for the Case

Fennemore, Craig, von Ammon, Udall & Powers, P.C. by Calvin H. Udall, George T. Cole, J. Gregory Osborne, Phoenix, for plaintiff-appellee.

Robert K. Corbin, Atty. Gen. by Thomas P. Prose, Asst. Atty. Gen., Phoenix, for defendants-appellants.

OPINION

KLEINSCHMIDT, Judge.

This case arises out of Mountain States Telephone & Telegraph Company's request for a rate change for the service area which encompasses Tucson. The change was disallowed by the Arizona Corporation Commission and Mountain Bell appealed to the superior court pursuant to A.R.S. § 40-254. The trial court granted summary judgment for Mountain Bell, from which the corporation commission appeals.

The commission claims...

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