Schoen v. AMERICAN COMMUNICATION COMPANY

Norris Schoen resided in the telephone service area of the Reynolds exchange of American Communication Company, Inc. He applied to the Nebraska State Railway Commission for service from the Fairbury exchange of Lincoln Telephone and Telegraph Company. A common boundary separated the two service areas.

The commission, dividing 3-2, granted the application subject to reimbursement of American for loss of investment and to payment of construction costs of Lincoln. American appeals. It attacks (1) commission findings on issues relating to duplicate facilities, community of interest, and public…