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SOUTHWESTERN BELL TEL. CO. v. KANSAS CORPORATION COMM.

No. 49,768

226 Kan. 234 (1979)

597 P.2d 633

SOUTHWESTERN BELL TELEPHONE COMPANY, Appellee, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed July 14, 1979.

Attorney(s) appearing for the Case

Robert F. Lytle, of Lytle, Wetzler, Winn & Martin of Prairie Village, special staff counsel for the Kansas Corporation Commission, argued the cause, and Brian J. Moline, General Counsel for the Kansas Corporation Commission, was with him on the brief for the appellant.

Jerry G. Elliott, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and Robert L. Howard, of the same firm, Lawrence A. Dimmitt, of Southwestern Bell Telephone Company, and Thomas D. Herlocker, of Roberts and Herlocker, of Winfield, were with him on the brief for the appellee.

The opinion of the court was delivered by

McFARLAND, J.:

Southwestern Bell Telephone Company (Bell) filed an application for judicial review of an April 5, 1977, final rate order issued by the State Corporation Commission (Commission). On December 14, 1977, the district court sustained Bell's motion to stay in part the effect of the order, pending determination of the merits of the judicial review application. The Commission appeals from the stay order. The...

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