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HAMM v. SOUTHERN BELL TELEPHONE AND TELEGRAPH CO.

23412

305 S.C. 1 (1991)

406 S.E.2d 157

Steven W. HAMM, Consumer Advocate for the State of South Carolina, Appellant v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, and The South Carolina Public Service Commission, of whom Southern Bell Telephone and Telegraph Company, Respondents, and The South Carolina Public Service Commission, Appellant. Appeal of SOUTH CAROLINA PUBLIC SERVICE COMMISSION.

Supreme Court of South Carolina.

Decided June 10, 1991.

Attorney(s) appearing for the Case

Steven W. Hamm, Raymon E. Lark, Jr., Nancy J. Vaughn, Elliott F. Elam, Jr., S.C. Dept. of Consumer Affairs, Columbia, for Consumer Advocate.

Marsha A. Ward, S.C. Public Service Com'n, Columbia, for S.C. Public Service Com'n.

Fred A. Walters, Southern Bell Tel. & Tel. Co., A. Camden Lewis, Costa M. Pleicones and Mary G. Lewis, Lewis, Babcock, Pleicones & Hawkins, Columbia, for Southern Bell Tel. & Tel. Co.

Heard May 6, 1991.

Decided June 10, 1991.

HARWELL, Justice:

This case involves a question regarding the enforcement of this Court's prior opinion in Hamm v. Southern Bell Telephone and Telegraph, Co., ___ S.C. ___, 394 S.E.2d 311 (1990), cert. denied, ___ U.S. ___, 111 S.Ct. 1018, 112 L.Ed. (2d) 1099 (1991) (Hamm I). In Hamm I, we "reversed" a previously approved rate increase requested...

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