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MOUNTAIN STATES T. & T. CO. v. PUBLIC UTIL. COM'N OF COLO.

Civ. A. No. C-4009.

345 F.Supp. 80 (1972)

The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation, Plaintiff, v. The PUBLIC UTILITIES COMMISSION OF the STATE OF COLORADO, et al., Defendants.

United States District Court, D. Colorado.

July 5, 1972.

Attorney(s) appearing for the Case

Laurence W. DeMuth, Jr., T. M. Ledingham, Akolt, Dick, Rovira, DeMuth & Eiberger, by Stuart S. Gunckel, Robert A. Dick, Denver, Colo., for plaintiff.

Duke W. Dunbar, Atty. Gen., by John E. Archibold, Irvin M. Kent, Asst. Attys. Gen., Denver, Colo., for defendants.

Kenneth G. Bueche, Gen. Counsel, Wheat Ridge, Colo., Gorsuch, Kirgis, Campbell, Walker & Grover, by Leonard M. Campbell, Howard J. Beck, Special Counsel, Denver, Colo., for the Colorado Municipal League.

Before DOYLE, Circuit Judge, and CHILSON and FINESILVER, District Judges.

PER CURIAM

This is a utility rate case which is now in process before the Colorado Public Utilities Commission. Jurisdiction is asserted to exist on the basis of 28 U.S. C. § 1331, it being the contention of plaintiff that the refusal of the defendants to allow a temporary adjustment in plaintiff's telephone rates pending the decision of the Commission in the proceedings that are now going on constitutes a deprivation of property contrary to the Fourteenth Amendment...

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