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CAL. WATER & TEL. CO. v. PUBLIC UTIL. COM.

Docket No. S.F. 19690.

51 Cal.2d 478 (1959)

334 P.2d 887

CALIFORNIA WATER AND TELEPHONE COMPANY (a Corporation), Petitioner, v. PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA et al., Respondents.

Supreme Court of California. In Bank.

February 2, 1959.

Attorney(s) appearing for the Case

Claude N. Rosenberg, Tadini Bacigalupi, Jr., and Bacigalupi, Elkus & Salinger for Petitioner.

Everett C. McKeage, Chief Counsel, Roderick B. Cassidy, Assistant Chief Counsel, Cyril M. Saroyan, Senior Counsel, Rita L. Heiser, Assistant Counsel, Twohig, Weingarten & Schmidt and Saul M. Weingarten for Respondents.

SCHAUER, J.

This is a proceeding to review an order of the Public Utilities Commission which purports to modify the terms of a certain contract between petitioner and respondent Sawyer, and directs petitioner to reexecute the contract "as modified" by the commission and thereupon to specifically perform such "contract." We have concluded that the commission has acted in excess of its jurisdiction and that the order under review must be annulled.

Petitioner...

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