265 A.2d 82
Supreme Court of Connecticut
KING, C.J., ALCORN, HOUSE, COTTER and RYAN, Js.
Argued December 10, 1969
Decided December 16, 1969
Appeal from the action of the defendant suspending proposed rate changes pending hearing and investigation, brought to the Superior Court in Fairfield County and tried to the court, Tierney, J.; order setting aside the suspension from which the defendant appealed to this court. Error; order vacated.
The appellee filed a motion for reargument which was denied.
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John K. Jepson, assistant attorney general, with whom were Frank R. Odlum, assistant attorney general, and, on the brief, Robert K. Killian, attorney general, for the appellant (defendant).
Raymond W. Beckwith, with whom, on the brief, was George N. Thim, for the appellee (plaintiff).
PER CURIAM.
The Superior Court was without jurisdiction to enter the order appealed from and that order is vacated. General Statutes (Rev. to 1966) §§ 16-19, 16-22, 16-35, 16-37; Wilson Point Property Owners Assn. v. Connecticut Light Power Co., 145 Conn. 243, 252, 140 A.2d 874; Turner v. Connecticut Co., 91 Conn. 692, 697, 101 A. 88.
In this opinion KING, C.J., ALCORN, COTTER and RYAN, Js., concurred.
HOUSE, J. (dissenting).
Upon the limited record before us on this expedited appeal, I am unable to agree with the conclusion that it appears that the Superior Court lacked jurisdiction to entertain the appeal from the order of the Public Utilities Commission or to determine whether, if the court had jurisdiction, that jurisdiction was properly exercised.
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