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MOUNTAIN STATES TEL. & TEL. CO. v. PUBLIC SERVICE COM'N.

No. 9986.

338 P.2d 1044 (1959)

MOUNTAIN STATES TELEPHONE & TELEGRAPH COMPANY, a Corporation, Plaintiff and Appellant, v. PUBLIC SERVICE COMMISSION of Montana; Paul T. Smith, Austin B. Middleton, Ory J. Armstrong, as Members of and Constituting Said Commission; C. J. Hansen, Secretary-Counsel for Said Commission, and Forrest H. Anderson, as Attorney General of the State of Montana and Ex-Officio Attorney for Said Commission, Defendants and Respondents, International Union of Mine, Mill and Smelter Workers and its Local Unions in Montana; the Butte Miners Union, Local No. 1; Great Falls Mill and Smelterman's Union, Local No. 16; Philipsburg Mine and Millworkers Union, Local No. 24; East Helena Mill and Smeltermen's Union, Local No. 72; Anaconda Mill and Smelterman's Union, Local No. 117; Deer Lodge Miners Union, Local No. 834; Melrose Mine, Mill and Smelter-Workers' Union, Local No. 904; C. W. Leaphart, Jr., Individually; Cascade County Trades and Labor Assembly of Great Falls, Montana; Montana Farmers' Union; Montana State A. F.L. and C.I.O., Intervenors and Respondents.

Supreme Court of Montana.

Decided May 11, 1959.

Attorney(s) appearing for the Case

Toomey & Hughes, Helena, Akolt, Turnquist, Shepherd & Dick, Denver, Colo., for appellant.

Edmond G. Toomey, Helena, and J.H. Shepherd, Denver, Colo., argued orally for appellant.

C.J. Hansen, Helena, for defendants and respondents.

Clinton J. Hansen, Helena, argued orally for respondents.

C. W. Leaphart, Jr., Helena, Leo C. Graybill, Jr., Great Falls, for intervenors and respondents.

C. W. Leaphart, Jr., Helena, and Leo C. Graybill, Great Falls, for intervenors.

CASTLES, Justice.

This is an appeal from an order of the district court which denied a temporary injunction to the appellant staying and suspending the operation of an order of the respondent Public Service Commission, which denied an application for increased telephone rates, and which restrained the respondent Commission from interfering with the collection of the appellant's increased schedule of rates.

For convenience hereafter, the appellant, Telephone...

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