Legal Opinion
Northwestern Bell Telephone Co. v. Chicago & North Western Transportation Co.
South Dakota Supreme Court
Decided September 22, 1976No. 11761PublishedCited by 7 opinions
1Opinion of the Court
WINANS, Justice.
This is an appeal from an order granting partial summary judgment to plaintiff pursuant to SDCL 15-6-54(b). Defendant contends on appeal that the trial court was without jurisdiction to enter such an order because jurisdiction over the matter in controversy lies with the Public Utilities Commission. We agree.
Both plaintiff and defendant in this action are common carriers as defined by SDCL 49-3-1. Plaintiff, Northwestern Bell Telephone Company, is an Iowa corporation authorized to do business in South Dakota as a telephone company. Defendant, Chicago and North Western…
2Cases cited6 opinions
- Elk Run Telephone Co. v. General Telephone Co. of IowaSupreme Court of Iowa · 1968
- Northwestern Bell Telephone Co. v. Hawkeye State Telephone Co.Supreme Court of Iowa · 1969
- City of Union City v. Southern Pacific Co.California Court of Appeal · 1968
- Northwestern Bell Telephone Co. v. Bruce HagenNorth Dakota Supreme Court · 1975
- Application of SvobodaSouth Dakota Supreme Court · 1952
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cheyenne River Sioux Tribe Telephone Authority v. Public Utilities CommissionSouth Dakota Supreme Court · 1999
- JUNDT v. FullerSouth Dakota Supreme Court · 2007
- Establishment of Switched Access Rates for U.S. v. AT & T Communications of Midwest Inc.South Dakota Supreme Court · 2000
- Christenson v. Crowned Ridge Wind, LLCSouth Dakota Supreme Court · 2022
- CRSTTA v. PUC of South DakotaSouth Dakota Supreme Court · 1999
2 more not listed; retrieve them via the Exa API.