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AMERICAN TEL. & TEL. CORP. v. THOMPSON

No. 39611.

227 N.W.2d 7 (1975)

193 Neb. 327

AMERICAN TELEPHONE AND TELEGRAPH CORPORATION, a corporation, Appellant, v. Eddie G. THOMPSON, d/b/a Thompson Construction Company, Appellee.

Supreme Court of Nebraska.

March 20, 1975.

Attorney(s) appearing for the Case

Francis M. Casey, Casey & Elworth, Plattsmouth, Edward F. Barnicle, Jr., Kansas City, Mo., for appellant.

Michael F. Kinney of Cassem, Tierney, Adams & Henatsch, Omaha, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.

CLINTON, Justice.

American Telephone and Telegraph Corporation brought this action against Thompson Construction Company to recover for damages which occurred when the defendant, in the process of excavating for a gas line, cut a communications cable carrying 397 voice grade circuits belonging to the plaintiff. As a consequence of the cutting, the plaintiff was unable to use 98 miles of cable during the approximately 9 hours required to make the repairs. During that...

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