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CORPORATION COM'N v. MOUNTAIN STATES TEL. & T. CO.

No. 9330.

502 P.2d 401 (1972)

84 N.M. 298

In the Matter of Rate of Return of the Mountain States Telephone & Telegraph Company for year ended December 31, 1970. CORPORATION COMMISSION of the State of New Mexico, Appellee, v. MOUNTAIN STATES TELEPHONE & TELEGRAPH COMPANY, Appellant.

Supreme Court of New Mexico.

October 27, 1972.

Attorney(s) appearing for the Case

Bigbee, Byrd, Carpenter & Crout, Harry L. Bigbee, Paul D. Gerber, Santa Fe, Laurence W. DeMuth, Jr., Denver, Colo., for appellant.

David L. Norvell, Atty. Gen., Thomas Patrick Whelan, Jr., James B. Mulcock, Jr., Asst. Attys. Gen., Santa Fe, for appellee.

OPINION

OMAN, Justice.

This cause was removed to this Court from the State Corporation Commission, hereinafter called Commission, by Mountain States Telephone and Telegraph Company, hereinafter called Mountain Bell, pursuant to Art. XI, § 7 of the New Mexico Constitution. The removal was prompted by the entry of the Commission's "Interim Order No. 3053" dated August 26, 1971, and with which order Mountain Bell indicated it would not comply.

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