Legal Opinion
Mountain States Telephone & Telegraph Co. v. Department of Public Service Regulation
District Court, D. Montana
Decided September 2, 1983No. CV-83-177-HPublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
BATTIN, Chief Judge.
This case is before the court on plaintiff’s motion for a preliminary injunction to enjoin defendant from employing in its ratemaking procedures any depreciation methods and rates other than those prescribed by the Federal Communications Commission (FCC). For reasons set forth below, a preliminary injunction should be granted.
FACTS
Due to the inter- and intrastate nature of its services, plaintiff Mountain States Telephone and Telegraph Company (Mountain Bell), a Colorado corporation, is subject to regulation by both the FCC and defendant Montana Public…
2Cases cited10 opinions
- James C. Wright v. Ruth RushenCourt of Appeals for the Ninth Circuit · 1981
- Olff v. East Side Union High School DistrictSupreme Court of the United States · 1972
- Lindahl King v. Saddleback Junior College DistrictCourt of Appeals for the Ninth Circuit · 1970
- City of Peoria v. General Electric Cablevision Corporation (Gecco), and Third-Party v. Federal Communications Commission, Third-PartyCourt of Appeals for the Third Circuit · 1982
- Computer and Communications Industry Association v. Federal Communications Commission and United States of America, North American Telephone Association, Utilities Telecommunications Council, Tymnet, Inc., Continental Telephone Corporation, Xerox Corporation, Hazeltine Corporation, Alarm Industry Telecommunications Committee of the National Burglar & Fire Alarm Association, Rca Global Communications, Inc., Satellite Business Systems, Motorola, Inc., U.S. Telephone & Telegraph Corporation, American Petroleum Institute, Citicorp, Central Telephone & Utilities Corporation, Comsat General Corporation, American Newspaper Publishers Association, Gte Service Corporation, Sperry Univac Division of Sperry Corporation, Communications Satellite Corporation, International Business MacHines Corporation, American Telephone & Telegraph Company, Computer & Business Equipment Manufacturers Association, Control Data Corporation, United Telephone System, Inc., United Computing Systems, Inc., Southern Pacific Communications Company, Western Union Telegraph Company, Aeronautical Radio, Inc., Isa Communications Services, Inc., Independent Data Communications Manufacturers Association, Inc., Association of Data Processing Service Organizations, Inc., Bunker Ramo Corporation, Gte Telenet Communications Corporation, Municipality of Anchorage D/B/A Anchorage Telephone Utility, Louisiana Public Service Commission, Intervenors. The People of the State of California and the Public Utilities Commission of the State of California v. Federal Communications Commission and United States of America, International Business MacHines Corp., Intervenors. Independent Data Communications Manufacturers Association, Inc. v. Federal Communications Commission and United States of America, International Business MacHines Corp., Intervenors. National Association of Regulatory Utility Commissioners v. Federal Communications Commission and United States of America, International Business MacHines Corp., Intervenors. American Newspaper Publishers Association v. Federal Communications Commission and United States of America, International Business MacHines Corp., Intervenors. Motorola, Inc. v. Federal Communications Commission and United States of America, International Business MacHines Corp., IntervenorsCourt of Appeals for the D.C. Circuit · 1982
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3Cited by5 opinions
- Southwestern Bell Telephone Co. v. Arkansas Public Service CommissionCourt of Appeals for the Eighth Circuit · 1984
- Southwestern Bell Telephone Company v. Arkansas Public Service CommissionCourt of Appeals for the Eighth Circuit · 1984
- Hawaiian Telephone Co. v. Public Utilities Commission of State of HawaiiCourt of Appeals for the Ninth Circuit · 1987
- Hawaiian Telephone Company v. Public Utilities Commission Of State Of HawaiiCourt of Appeals for the Ninth Circuit · 1987
- Mountain States Tel. & Tel. v. DEPT. OF PUB. SERV.District Court, D. Montana · 1983