Application of U.S. of America for an Order

616 F.2d 1122 In the Matter of The APPLICATION OF the UNITED STATES OF AMERICA FOR AN ORDER AUTHORIZING AN IN-PROGRESS TRACE OF WIRE COMMUNICATIONS OVER TELEPHONE FACILITIES. UNITED STATES of America, Plaintiff-Appellee, v. MOUNTAIN STATES TELEPHONE & TELEGRAPH COMPANY, Defendant-Appellant. No. 78-2366. United States Court of Appeals, Ninth Circuit. April 9, 1980. C. Webb Crockett, Phoenix, Ariz., on brief; George T. Cole, Phoenix, Ariz., for defendant-appellant. Kenneth L. Fields, Asst. U. S. Atty., Phoenix, Ariz., on brief; Dale Danneman, Asst. U. S. Atty., Phoenix, Ariz., for plaintiff-appellee. Appeal from the United States District Court for the District of Arizona. Before DUNIWAY and FARRIS, Circuit Judges, and ORRICK, * District Judge. ORRICK, District Judge: This case presents the question whether a district court, acting upon an application of the United States, possesses the power to issue an order compelling a duly licensed public utility, in this case the Mountain States Telephone & Telegraph Company ("Mountain Bell"), to perform an in-progress trace of telephone calls by means of electronic facilities within its exclusive control. Believing the district court…