State Ex Rel. Olsen v. Public Service Commission

MR. JUSTICE ANGSTMAN:

This action was brought seeking determination as to whether certain intra-state rates for telephone service ordered' by defendant Commission after hearing are reasonable and lawful.

Plaintiff’s second amended complaint was stricken on motion of defendants, without leave to amend, and judgment of dismissal was entered from which plaintiff appealed.

The first point urged by plaintiff is that the court erred in not sustaining plaintiff’s motion to strike defendants’ demurrers to the first amended complaint, it being plaintiff’s contention that defendants have no right to file…