AAAAAAAAAAAAAAAAAAAAAAA, Inc. v. Southwestern Bell Tel. Co., No. 39720
| Court | Supreme Court of Oklahoma |
| Writing for the Court | DAVISON; WILLIAMS |
| Citation | 373 P.2d 31 |
| Parties | , 1962 OK 163 AAAAAAAAAAAAAAAAAAAAAAA, INC., an Oklahoma Corporation, Plaintiff in Error, v. SOUTHWESTERN BELL TELEPHONE COMPANY, Defendant in Error. |
| Decision Date | 03 July 1962 |
| Docket Number | No. 39720 |
Page 31
Plaintiff in Error,
v.
SOUTHWESTERN BELL TELEPHONE COMPANY, Defendant in Error.
1. A public utility has the right to prescribe and enforce reasonable regulations in the furtherance of its managerial policies, and the welfare and convenience of its patrons and the public unless such regulations are contrary to law, or clearly proven to be unjustly discriminatory, or are so arbitrary and unreasonable as to be decidedly unjust to its patrons. If such managerial policies and regulations meet the foregoing requirements they should be upheld by the Corporation Commission.
2. Record examined and held, that under the facts and circumstances as exist in this cause there was reasonable and substantial evidence upon which the Corporation Commission was justified in denying the order prayed for herein.
Appeal from Order No. 45484 of the Corporation Commission of the State of Oklahoma, cause No. 22593.
Application of Plaintiff in Error for a particular listing in the alphabetical and classified pages of the telephone directory of the City of Tulsa, and requesting the Corporation Commission to make an order requiring the Defendant in Error to accept such listing. From the Commission's order denying the application, Plaintiff in Error appeals. Affirmed.
Lloyd G. Larkin, Tulsa, for plaintiff in error.
Page 32
Donald H. Sharp, James A. DeBois, Oklahoma City, for defendant in error.
DAVISON, Justice.
This is an appeal from Order No. 45484 entered by this State's Corporation Commission on May 16, 1961, denying the application of plaintiff in error, as petitioner, to direct the defendant in error, as respondent, to include in both the alphabetical list (white pages) and classified list (yellow pages) of the general telephone directory of the City of Tulsa, Oklahoma, the name of AAAAAAAAAAAAAAAAAAAAAAA, Inc. Plaintiff in error will hereinafter be referred to as plaintiff and defendant in error as defendant.
Plaintiff's cause is based on the theory that by refusing to place the name of AAAAAAAAAAAAAAAAAAAAAAA, Inc. in the alphabetical pages and also the classified yellow pages it was being unlawfully discriminated against.
The defendant defends on the theory that corporation was acting within its managerial discretion in denying the listing.
In order to picture the controversy some of the pertinent facts should be detailed. On July 18, 1960, plaintiff was incorporated under the laws...
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Loring v. Bellsouth Advertising & Pub. Corp., No. 70673
...and alpha position in the directory by adding twenty-three A's to form its name. AAAAAAAAAAAAAAAAAAAAAAA v. Southwestern Bell Tel. Co., 373 P2d 31 1. There seems to be no dispute that the threshold question in [177 Ga.App. 311] the instant case concerned classifying publication of the yello......
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Teleco, Inc. v. Southwestern Bell Tel. Co., No. 74--1162
...nondiscriminatory application of such tariffs, Okla.Const. art. 9, § 18; AAAAAAAAAAAAAAAAAAAAAAA, Inc. v. Southwestern Bell Telephone Co., 373 P.2d 31 (Okl.), the utility cannot be held to waive enforcement as to some, but not to others of its customers. See Komatz Construction Co. v. Weste......
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Dollar A Day Rent A Car Systems, Inc. v. Mountain States Tel. & Tel. Co., No. 1
...avoid discriminatory practices. Videon Corp. v. Burton, 369 S.W.2d 264 (Mo.App.1963); AAA . . ., Inc. v. Southwestern Bell Telephone Co., 373 P.2d 31 (Okl.1962); Southwestern Bell Telephone Co. v. Texas State Optical, 253 S.W.2d 877 (Tex.Civ.App.1952); Serpa v. Pacific Telephone & Telegraph......
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Josephson v. Mountain Bell, No. 14946
...1 Berner v. Interstate Power Co., 244 Iowa 298, 57 N.W.2d 55 (1953); AAA etc., Inc. v. Southwestern Bell Telephone Co., Okl., 373 P.2d 31 (1962); 73 C.J.S. Public Utilities § 6; 86 C.J.S. Tel. & Tel., Radio and Television § 2 U.C.A.1953, Sec. 54-3-1; Berner v. Interstate Power Co., supra; 7......
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Loring v. Bellsouth Advertising & Pub. Corp., No. 70673
...and alpha position in the directory by adding twenty-three A's to form its name. AAAAAAAAAAAAAAAAAAAAAAA v. Southwestern Bell Tel. Co., 373 P2d 31 1. There seems to be no dispute that the threshold question in [177 Ga.App. 311] the instant case concerned classifying publication of the yello......
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Teleco, Inc. v. Southwestern Bell Tel. Co., No. 74--1162
...nondiscriminatory application of such tariffs, Okla.Const. art. 9, § 18; AAAAAAAAAAAAAAAAAAAAAAA, Inc. v. Southwestern Bell Telephone Co., 373 P.2d 31 (Okl.), the utility cannot be held to waive enforcement as to some, but not to others of its customers. See Komatz Construction Co. v. Weste......
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Dollar A Day Rent A Car Systems, Inc. v. Mountain States Tel. & Tel. Co., No. 1
...avoid discriminatory practices. Videon Corp. v. Burton, 369 S.W.2d 264 (Mo.App.1963); AAA . . ., Inc. v. Southwestern Bell Telephone Co., 373 P.2d 31 (Okl.1962); Southwestern Bell Telephone Co. v. Texas State Optical, 253 S.W.2d 877 (Tex.Civ.App.1952); Serpa v. Pacific Telephone & Telegraph......
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Josephson v. Mountain Bell, No. 14946
...1 Berner v. Interstate Power Co., 244 Iowa 298, 57 N.W.2d 55 (1953); AAA etc., Inc. v. Southwestern Bell Telephone Co., Okl., 373 P.2d 31 (1962); 73 C.J.S. Public Utilities § 6; 86 C.J.S. Tel. & Tel., Radio and Television § 2 U.C.A.1953, Sec. 54-3-1; Berner v. Interstate Power Co., supra; 7......