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MOUNTAIN STATES TEL. & TEL. v. DEPT. OF PUB. SERV.

No. CV-83-177-H.

588 F.Supp. 5 (1983)

The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation, Plaintiff, v. DEPARTMENT OF PUBLIC SERVICE REGULATION, the Public Service Commission of the State of Montana, an Administrative Agency, Thomas J. Schneider, John B. Driscoll, Howard L. Ellis, Clyde Jarvis, and Danny Oberg, in their official capacities as Commissioners thereof, Defendants.

United States District Court, D. Montana, Helena Division.

September 2, 1983.

Attorney(s) appearing for the Case

Lawrence D. Huss, J. Walter Hyer, III, Dennis R. Lopach, Helena, Mont., Edward T. Shaw, Seattle, Wash., for plaintiff.

Calvin Simshaw, Montana Public Service Com'n, Helena, Mont., for defendants.

MEMORANDUM OPINION

BATTIN, Chief Judge.

This case is before the court on plaintiff's motion for a preliminary injunction to enjoin defendant from employing in its ratemaking procedures any depreciation methods and rates other than those prescribed by the Federal Communications Commission (FCC). For reasons set forth below, a preliminary injunction should be granted.

FACTS

Due to the inter- and intrastate nature of its services, plaintiff...

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