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STATE v. NEW ENG. TEL. & TEL. CO.

No. 4962.

103 N.H. 394 (1961)

STATE v. NEW ENGLAND TELEPHONE & TELEGRAPH CO.

Supreme Court of New Hampshire.

Decided September 14, 1961.

Attorney(s) appearing for the Case

Gardner C. Turner, Attorney General and Frederic T. Greenhalge, Assistant Attorney General (Mr. Greenhalge orally), for the State.

McLane, Carleton, Graf, Greene & Brown (Mr. Graf orally), for New England Telephone & Telegraph Company.

John N. Nassikas, special counsel (by brief and orally), for the Public Utilities Commission.

Perkins & Dowst for the International Brotherhood of Telephone Workers, Local 20, furnished no brief.

PER CURIAM.

The statutory provisions appearing in RSA 378:27, 29 and 30 are products of the last two decades designed to protect the utility or the ratepayer, as the case may be, against losses by reason of temporary rates when permanent rates prove to be higher or lower than temporary rates. Sections 27 and 29, enacted in 1941, were designed to protect utilities against confiscatory rates and to permit recoupment of any deficiency in return suffered under a temporary...

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