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SOUTHWESTERN BELL TEL. CO. v. DELANNEY

No. C-8282.

809 S.W.2d 493 (1991)

SOUTHWESTERN BELL TELEPHONE COMPANY, Petitioner, v. Eugene C. DeLANNEY, Respondent.

Supreme Court of Texas.

Rehearing Overruled June 19, 1991.

Attorney(s) appearing for the Case

Andrew J. Mytelka, John A. Buckley, Jr., Galveston, Richard Billeaud, Houston, for petitioner.

Anthony P. Griffin, Galveston, for respondent.

OPINION

PHILLIPS, Chief Justice.

We consider whether a cause of action for negligence is stated by an allegation that a telephone company negligently failed to perform its contract to publish a Yellow Pages advertisement. The court of appeals held that the company's failure to perform its contract was a basis for recovery in tort as well as contract, and that the clause limiting the telephone company's liability could not apply to limit tort damages.

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