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GEN. TEL., ETC. v. IOWA STATE COMMERCE COM'N

No. 61283.

275 N.W.2d 364 (1979)

GENERAL TELEPHONE COMPANY OF the MIDWEST, Appellee, v. IOWA STATE COMMERCE COMMISSION, Appellant.

Supreme Court of Iowa.

February 21, 1979.

Attorney(s) appearing for the Case

Leo J. Steffen, Jr., Asst. Commerce Counsel, Davenport, for appellant.

James L. Krambeck of Ahlers, Cooney, Dorweiler, Haynie & Smith, Des Moines, and John Robert Jones of Power, Jones & Schneider, Columbus, Ohio, for appellee.

D. H. Sitz of Lane & Waterman, Davenport, for amicus curiae, Davenport Water Co.

Considered en banc.

HARRIS, Justice.

This appeal from the action of the Iowa commerce commission (the commission) in a rate case is controlled by the statutory burden of proof and the scope of our review. The commission appeals from a trial court judgment which reversed the decision of the commission. We find substantial evidence to support the action of the commission. Hence we reverse the trial court and remand the case for an order reinstating the decision of the commission.

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