Arizona Public Service Co. v. Mountain States Telephone & Telegraph Co.

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 that the parties agree to “establish joint use of their respective poles____” Such agreement provided each party with common support for their…