Legal Opinion
Southwestern Bell Telephone Co. v. Arkansas Public Service Commission
Court of Appeals for the Eighth Circuit
Decided June 7, 1984No. 84-1488PublishedCited by 2 opinions
1Opinion of the Court
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. § 401(b) (1976). The district court denied Southwestern Bell’s petition on the grounds that the order was ultra vires because the FCC lacked authority to prescribe depreciation…
2Cases cited22 opinions
- Dataphase Systems, Inc. v. C L Systems, Inc.Court of Appeals for the Eighth Circuit · 1981
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Hecht Co. v. BowlesSupreme Court of the United States · 1944
- Leedom v. KyneSupreme Court of the United States · 1958
- Port of Boston Marine Terminal Assn. v. Rederiaktiebolaget TransatlanticSupreme Court of the United States · 1970
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3Cited by2 opinions
- New England Telephone and Telegraph Company, Etc. v. Public Utilities Commission of MaineCourt of Appeals for the First Circuit · 1984
- Southwestern Bell Telephone Company v. Arkansas Public Service CommissionCourt of Appeals for the Eighth Circuit · 1984