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SOKOL v. PUBLIC UTILITIES COMMISSION

Docket No. S.F. 22187.

65 Cal.2d 247 (1966)

418 P.2d 265

53 Cal. Rptr. 673

EDGAR J. SOKOL, Petitioner, v. PUBLIC UTILITIES COMMISSION, Respondent; PACIFIC TELEPHONE AND TELEGRAPH COMPANY, Real Party in Interest; THOMAS C. LYNCH, as Attorney General, etc., Intervener.

Supreme Court of California. In Bank.

September 29, 1966.

Attorney(s) appearing for the Case

Marshall W. Krause and Leo E. Borregard for Petitioner.

Mary Moran Pajalich, Roderick B. Cassidy and Timothy E. Treacy for Respondent.

Pillsbury, Madison & Sutro, John A. Sutro, Noble K. Gregory, James F. Kirkham and Walter R. Allan for Real Party in Interest.

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, John F. Kraetzer and Daryl Granberg, Deputy Attorneys General, for Intervener.

MOSK, J.

Petitioner seeks review of an order of the Public Utilities Commission which reaffirms a commission rule requiring a communications utility to summarily discontinue service to a subscriber if advised by any law enforcement agency that the service is being used for unlawful purposes. We conclude that inherent in this naked rule is a constitutional infirmity, but that the defect is not necessarily incurable if the rule is appropriately amended.

Petitioner...

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