WOODBURN v. NORTHWESTERN BELL TEL. CO.

No. 61459.

275 N.W.2d 403 (1979)

B. T. WOODBURN, Appellant, v. NORTHWESTERN BELL TELEPHONE COMPANY, Appellee.

Supreme Court of Iowa.

February 21, 1979.


Attorney(s) appearing for the Case

F. Richard Lyford of Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, for appellant.

L. R. Voigts of Nyemaster, Goode, McLaughlin, Emery & O'Brien, and Wm. F. McFarlin and Richard A. Karre, Des Moines, for appellee.

Considered en banc.


HARRIS, Justice.

B. T. Woodburn (plaintiff), a physician, was omitted from a professional listing in the yellow pages of defendant's 1971 directory. When he brought this suit for what he claims were the resulting damages, the Northwestern Bell Telephone Company (defendant) interposed two special defenses by way of express limitations of damages. One was based on a provision in defendant's tariff, on file with the Iowa commerce commission. The second defense was based...

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