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SEC'Y OF DEF. v. CHESAPEAKE & POT. TEL. CO.

Record No. 751186.

225 S.E.2d 414 (1976)

SECRETARY OF DEFENSE on Behalf of the Department of Defense v. CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA.

Supreme Court of Virginia.

June 11, 1976.

Attorney(s) appearing for the Case

C. Max Vassanelli (Stanley D. Rose, Rex E. Lee, Asst. Atty. Gen., Christopher M. Was, Washington, D. C., on brief), for appellant.

Alfred Winchell Whittaker, Richmond, Va. (Michael J. Morrissey, Alexandria, Robert A. Levetown, Washington, D. C., on brief), for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

COMPTON, Justice.

In this appeal of right we consider a challenge by the Department of Defense (DOD) to an order of the State Corporation Commission (SCC) which authorized the Chesapeake and Potomac Telephone Company of Virginia (C & P) to increase the rates charged for the Voice Command Network System (VCNS), a special service developed by C & P for DOD.

On January 9, 1974, the SCC approved rates for C & P designed to enable it to earn an overall...

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