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

McDonough, justice.

Defendants have applied for rehearing in this case which is reported in 107 Utah 502, 155 P. 2d 184. They urge that irrespective of the fact that we set aside the order of the Public Service Commission in the cast of Mountain States Telephone & Telegraph Co. v. Public Service Commission et al., 105 Utah 280, 142 P. 2d 873, opinion on rehearing 105 Utah 266, 145 P. 2d 790, mandamus does not lie in this case for the reason that the moneys impounded were so impounded pursuant to an order of this court and not by reason of any action of the commission. Plaintiff utility’s…