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PUBLIC UTILITIES COM'N v. DISTRICT COURT

No. 22965.

431 P.2d 773 (1967)

The PUBLIC UTILITIES COMMISSION of the State of Colorado, Henry E. Zarlengo, Howard S. Bjelland, and Ralph C. Horton, individually and as Commissioners of the Public Utilities Commission of the State of Colorado, and Acme Delivery Service, Inc., a Colorado corporation, Petitioners, v. The DISTRICT COURT IN AND FOR the COUNTY OF ARAPAHOE, State of Colorado, and Robert B. Lee, a Judge of said court, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 2, 1967.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Denver, J. David Penwell, Robert Lee Kessler, Asst. Attys. Gen., for petitioner Public Utilities Commission.

Hughes & Dorsey, Raymond B. Danks, Richard Kitchen, Denver, for petitioner Acme Delivery Service.

John P. Thompson, Edward T. Lyons, Jr., T. Peter Craven, Denver, Hays, Thompson & Johnston, Jones, Meiklejohn, Kehl & Lyons, Denver, of counsel, for respondents.

MOORE, Chief Justice.

This is an original proceeding in prohibition in which this court issued a rule requiring the district court of Arapahoe county to show cause why the relief prayed for in the complaint of the above named petitioners should not be granted.

Facts pertinent to the questions to be decided are as follows. Acme Delivery Service, Inc. filed an application with the Public Utilities Commission for authority

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