IND. BELL TELEPHONE CO., INC. v. ICE SERVICE, INC.

No. 20,551.

142 Ind. App. 23 (1967)

231 N.E.2d 820

INDIANA BELL TELEPHONE CO., INC. v. ICE SERVICE, INC.

Court of Appeals of Indiana.

Rehearing denied January 9, 1968.

Transfer denied February 21, 1968.


Attorney(s) appearing for the Case

Bruce N. Cracraft, of Indianapolis, Gilbert Shake, of Vincennes, Bamberger, Foreman, Oswald and Hahn, of Evansville, Hyle G. Burke, of counsel, of Indianapolis, for appellant.

William D. Stephens, Howard C. Sandusky, Harry P. Dees, Joseph A. Yocum, all of Evansville, Kahn, Dees, Donovan & Kahn, of counsel, of Evansville, for appellee.


PFAFF, J.

Appellee's name, address and telephone number were omitted from both the white (alphabetical) and yellow (classified) sections of appellant's Evansville 1960-1961 telephone directory which was distributed in October, 1960, although appellee had retained the particular business telephone service for a number of years. It is not contended that the omission was deliberate and intentional.

On November 10, 1960, appellee's president and a vice-president...

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