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MOUNTAIN STATES T. & T. CO. v. PUBLIC UTILITIES COM'N

No. 25283.

491 P.2d 582 (1971)

The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation, Plaintiff-Appellant, v. The PUBLIC UTILITIES COMMISSION of the State of Colorado et al., Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 3, 1972.

Attorney(s) appearing for the Case

T. M. Ledingham, Akolt, Shepherd, Dick & Rovira, Stuart S. Gunckel, Denver, for plaintiff-appellant.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., John E. Archibold, Robert E. Commins, Asst. Attys. Gen., Denver, for The Public Utilities Comm. of the State of Colo., and Henry E. Zarlengo, Howard S. Bjelland, Edwin R. Lundborg, Commissioners.

James L. Treece, John W. Madden, III, Denver, Curtis L. Wagner, Jr., Dellon E. Coker, Office of The Judge Advocate General, Dept. of the Army, Washington, D. C., for the Secretary of Defense on behalf of the Dept. of Defense and all other executive agencies of the United States.

Gorsuch, Kirgis, Campbell, Walker & Grover, Leonard M. Campbell, Richard B. Harvey, Denver, Howard J. Beck, Kenneth G. Bueche, Boulder, for Colorado Municipal League.

HODGES, Justice.

The Mountain States Telephone and Telegraph Company (Mountain Bell) sought the issuance in the trial court of a preliminary injunction to enjoin the appellees from interfering with the charging of rates in excess of those recently authorized by the Public Utilities Commission (PUC). The higher rates described by Mountain Bell as being nonconfiscatory would be charged during the period of trial and appellate proceedings

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