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HORWITZ v. CHESAPEAKE & POTOMAC TELEPHONE CO.

No. 5011.

265 A.2d 772 (1970)

Manuel G. HORWITZ, t/a Real Estate Refrigeration Service, Appellant, v. The CHESAPEAKE & POTOMAC TELEPHONE COMPANY, a New York corporation, Appellee.

District of Columbia Court of Appeals.

Decided May 28, 1970.

Attorney(s) appearing for the Case

Joseph Zitomer, Silver Spring, Md., for appellant.

Harold Himmelman, Washington, D. C., for appellee; Robert C. Maynard, Washington, D. C., was on the brief for appellee.

Before HOOD, Chief Judge, and KELLEY and FICKLING, Associate Judges.

HOOD, Chief Judge:

Appellant brought this action against appellee-telephone company for damages alleged to have resulted from the company's negligence in the installation of telephones at appellant's new place of business. Having answered the complaint and appellant's interrogatories, and having taken appellant's deposition, the company moved for summary judgment. The basis of the motion was a tariff regulation (D. C. Exchange Tariff #3), filed with and approved by...

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