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PACIFIC TEL. & TEL. CO. v. FLAGG

189 Or. 370 (1950)

220 P.2d 522

PACIFIC TELEPHONE AND TELEGRAPH CO. v. FLAGG

Supreme Court of Oregon.

Reversed June 30, 1950.

Attorney(s) appearing for the Case

Fletcher Rockwood argued the cause for appellant. On the brief were Paul L. Boley and Hart, Spencer, McCulloch, Rockwood & Davies, of Portland.

E.L. Graham, Assistant Attorney General, of Salem, argued the cause for respondent. With him on the brief were George Neuner, Attorney General, and Max L. McMillin, Assistant Attorney General, of Salem.

Alexander G. Brown, City Attorney, of Portland, and Marian C. Rushing, Deputy City Attorney, of Portland, filed a brief as amici curiae.

REVERSED.

LUSK, C.J.

The Pacific Telephone and Telegraph Company, a corporation, (Pacific) commenced three suits pursuant to the provisions of the Uniform Practice Act of the Public Utilities Commissioner, § 112-4,119, O.C.L.A., for the purpose of obtaining decrees declaring invalid, and enjoining the enforcement of, certain orders of the public utilities commissioner which rejected items of proposed expenditures by Pacific under its so-called

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