The Tucson Gas, Electric Light and Power Company, a Corporation v. Trico Electric Cooperative, Inc., a Corporation

This is an action to enjoin The Tucson Gas, Electric Light and Power Company (T G & E) from extending its electric distribution facilities and service into parts of two described sections of land in Pima County, Arizona. The plaintiff, Trico Electric Cooperative, Inc., (Trico) alleged, in effect, that it was already serving the area in question and that it held an exclusive certificate of convenience and necessity from the Arizona Corporation Commission (Commission) covering that territory.

The suit was commenced in the Superi- or Court of the State of Arizona in and for the County of Pima. Trico obtained in that court, ex parte, a temporary restraining order against such an extension by T G & E, and an order to show cause. At this point T G & E obtained removal of the action to the District Court of the United States for the District of Arizona, on the ground of diversity of citizenship. The company then filed its answer.

Trico moved in the district court for a summary judgment in its favor. While this motion was pending T G & E filed with the Commission an application for an amendment and clarification of its existing certificates to include the area involved in this suit. The…