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DOBBS v. SOUTHWESTERN BELL TEL CO.

No. 4-9831.

249 S.W.2d 988 (1952)

DOBBS v. SOUTHWESTERN BELL TEL. CO.

Supreme Court of Arkansas.

June 30, 1952.

Attorney(s) appearing for the Case

Hebert & Dobbs, Lloyd E. Darnell and B. W. Thomas, Hot Springs, for appellant.

Blake Downie, Little Rock, McMat'h, Whittington, Leatherman & Schoenfeld, Hot Springs, for appellee.

ROBINSON, Justice.

Appellant, P. E. Dobbs, filed suit against appellee, Southwestern Bell Telephone Company, seeking the penalty provided by Statute for failure to furnish service as requested by appellant. The trial court granted appellee's motion to dismiss the complaint after issue was joined and before any evidence was introduced. The court's action had the same effect as sustaining a demurrer to the complaint. The complaint alleges:

"That on July 18...

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