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McTIGHE v. NEW ENGLAND TELEPHONE AND TELEGRAPH CO.

No. 174, Docket 22920.

216 F.2d 26 (1954)

Hazel B. McTIGHE, Appellee, v. NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY, Appellant.

United States Court of Appeals Second Circuit.

Decided September 21, 1954.

Attorney(s) appearing for the Case

Guy M. Page, Burlington, Vt., for appellant; Guy M. Page, Jr., and Phyllis W. Page, Burlington, Vt., of counsel.

Gannett & Oakes and John G. Kristensen, Brattlesboro, Vt., for appellee. James L. Oakes, Brattlesboro, Vt., of counsel.

Before SWAN, MEDINA and HARLAN, Circuit Judges.

MEDINA, Circuit Judge.

We are concerned on this appeal only with questions of the validity of two clauses of separate contracts limiting the liability of the telephone company for omission to include the name of a service subscriber in its alphabetical and classified directories. These questions are presented by exceptions to refusals by the court to charge the jury that their verdict in the case of each alleged breach of contract must be limited to the amount specified...

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