AMERICAN NETWORK, INC. v. UTILS. & TRANSP. COM'N

No. 54608-8.

113 Wn.2d 59 (1989)

776 P.2d 950

AMERICAN NETWORK, INC., ET AL, Respondents, v. THE UTILITIES AND TRANSPORTATION COMMISSION, ET AL, Appellants.

The Supreme Court of Washington, En Banc.

July 13, 1989.


Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, James R. Cunningham, Senior Assistant, and Donald T. Trotter, Assistant, for appellant Utilities and Transportation Commission.

Edward T. Shaw and Douglas N. Owens, for appellant Pacific Northwest Bell.

W.K. McInerney, Jr., and James D. Oesterle (of McInerney, Baker & Kinnear), for respondent American Network, Inc.

John P. McDonald, for respondent Comnet, Inc.


SMITH, J.

This is an appeal by the Washington Utilities and Transportation Commission (Commission) from an order of the Superior Court of Washington for Thurston County dated November 6, 1987, which declared invalid a security deposit rule adopted by the Commission through an order dated May 12, 1986 (effective July 31, 1986) as (1) an undue, though indirect, burden on interstate commerce without proof of "legitimate intrastate objectives" and "no less onerous...

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