MOUNTAIN STATES, ETC. v. ARIZONA CORP. COM'N

No. 1 CA-CIV 5847.

132 Ariz. 109 (1982)

644 P.2d 263

The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation, Plaintiff-Appellee, v. The ARIZONA CORPORATION COMMISSION, Defendant-Appellant, and Sears Roebuck and Company, Intervenor-Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied March 26, 1982.

Review Denied April 27, 1982.


Attorney(s) appearing for the Case

Coleman M. Connolly, Denver, Joseph C. O'Neil and Fennemore, Craig, von Ammon & Udall by Calvin H. Udall, C. Webb Crockett, George T. Cole, Phoenix, for plaintiff-appellee.

Robert K. Corbin, Atty. Gen. by Thomas P. Prose, Asst. Atty. Gen., Phoenix, for defendant-appellant Arizona Corp. Commission.

Montgomery & Andrews, P.A. by Frank Andrews, III, Allen H. Brill, Santa Fe, N.M., and Gust, Rosenfeld, Divelbess & Henderson by James M. Koontz, Phoenix, for intervenor-defendant-appellant Sears Roebuck and Co.


OPINION

JACOBSON, Presiding Judge.

The sole issue on this appeal is whether telephone terminal equipment1 attached to service lines of Mountain States Telephone and Telegraph Company (the Company) is presently an integral part of the utility service furnished by the Company so as to subject rates charged for the use of such equipment to the jurisdiction of the Arizona Corporation Commission (Commission).

This action arose...

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