APPLICATION OF U. S. OF AMERICA FOR AN ORDER, ETC.

No. 78-2366.

616 F.2d 1122 (1980)

In the Matter of The APPLICATION OF the UNITED STATES OF AMERICA FOR AN ORDER AUTHORIZING AN IN-PROGRESS TRACE OF WIRE COMMUNICATIONS OVER TELEPHONE FACILITIES. UNITED STATES of America, Plaintiff-Appellee, v. MOUNTAIN STATES TELEPHONE & TELEGRAPH COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 9, 1980.


Attorney(s) appearing for the Case

C. Webb Crockett, Phoenix, Ariz., on brief; George T. Cole, Phoenix, Ariz., for defendant-appellant.

Kenneth L. Fields, Asst. U. S. Atty., Phoenix, Ariz., on brief; Dale Danneman, Asst. U. S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before DUNIWAY and FARRIS, Circuit Judges, and ORRICK, District Judge.


ORRICK, District Judge:

This case presents the question whether a district court, acting upon an application of the United States, possesses the power to issue an order compelling a duly licensed public utility, in this case the Mountain States Telephone & Telegraph Company ("Mountain Bell"), to perform an in-progress trace of telephone calls by means of electronic facilities within its exclusive control. Believing the district court has such power, we hold its...

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