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SOUTHWESTERN BELL TELEPHONE v. ARK. PUB. SERV.

No. 84-1488.

738 F.2d 901 (1984)

SOUTHWESTERN BELL TELEPHONE COMPANY, Appellant, v. ARKANSAS PUBLIC SERVICE COMMISSION; Robert E. Johnston, Commissioner; Patricia S. Qualls, Commissioner; and James W. Daniel, Commissioner, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 7, 1984.

Rehearing Denied July 3, 1984.

Attorney(s) appearing for the Case

W.W. Elrod, II, Arkansas Public Service Com'n, Robert L. Waldrum, Arkansas Public Service Commission, Little Rock, Ark., for Arkansas Public Service Com'n.

Edgar Mayfield, William C. Sullivan, St. Louis, Mo., D.D. Dupre, Gary T. Hartman, Prince & Ivester by Hermann Ivester, Little Rock, Ark., for Southwestern Bell Telephone Co.

Before HEANEY, BRIGHT and JOHN R. GIBSON, Circuit Judges.

Rehearing En Banc Denied July 3, 1984.

JOHN R. GIBSON, Circuit Judge.

The Arkansas Public Service Commission denied a rate application filed by Southwestern Bell Telephone Company and, in doing so, refused to follow an order of the Federal Communications Commission mandating specific accelerated depreciation methods for intrastate ratemaking. Southwestern Bell then sought to enjoin the Arkansas Commission's disobedience of the FCC order under 47 U.S.C. §...

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