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ARIZ. PUB. SERV. v. MOUNT. STATES TEL. & TEL.

No. 1 CA-CIV 7273.

149 Ariz. 239 (1985)

717 P.2d 918

ARIZONA PUBLIC SERVICE COMPANY, Plaintiff-Appellant, v. The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, Defendant-Appellee.

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

Reconsideration Denied December 18, 1985.

Review Denied April 15, 1986.

Attorney(s) appearing for the Case

Snell & Wilmer by Loren W. Counce, Jr., Douglas W. Seitz, James P. Muehlberger, Phoenix, for plaintiff-appellant.

Fennemore, Craig, von Ammon, Udall & Powers by Calvin H. Udall, Nancy L. Rowen, Phoenix, for defendant-appellee.

OPINION

FROEB, Chief Judge.

This appeal follows the trial court's denial of the petition of Arizona Public Service Company (APS) for confirmation of arbitration award and for judgment involving pole rental rate for the years 1977-1979.

The dispute arises out of a contract dated April 7, 1938, signed by the predecessor of APS, Central Arizona Light and Power Company, and Mountain States Telephone and Telegraph Company (Mountain Bell). The contract states...

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