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TURPEN v. OKLAHOMA CORP. COM'N

Nos. 66038, 66686.

769 P.2d 1309 (1988)

Michael C. TURPEN, Attorney General of Oklahoma, Appellant, v. OKLAHOMA CORPORATION COMMISSION and Southwestern Bell Telephone Company, Appellees.

Supreme Court of Oklahoma.

Rehearing Granted in Part and Denied in Part January 17, 1989.

Dissenting Opinion January 17, 1989, Corrected January 19, 1989.

Attorney(s) appearing for the Case

Michael C. Turpen, Atty. Gen., Marc Edwards, Robert A. Butkin, Asst. Attys. Gen., Oklahoma City, for appellant.

Lindil C. Fowler, Jr., Gretchen P. Hoover, Jane P. Olson, Oklahoma Corp. Com'n, Oklahoma City, for appellee Corp. Com'n.

G. Michael Bauer, Oklahoma City, for appellee Southwestern Bell Telephone Co.

OPALA, Justice.

Two issues are presented for review: [1] Did the Corporation Commission [Commission] err by dismissing the Attorney's General motion to modify its rate order? and [2] Is the Commission's order authorizing Southwestern Bell Telephone Company [SWBT] to implement new rates and charges to recover a revenue deficiency sustained by law and substantial evidence?

To resolve the second issue we must consider...

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