The opinion of the court was delivered by J.H. COLEMAN, J.A.D.
The novel question raised by this appeal is whether plaintiff can lawfully provide a service covered by a filed tariff at less than the tariff rate. The trial judge held that it would be inequitable not to enforce the contract price even though it did not conform to the filed tariff. We disagree and reverse.
The facts essential to our determination are not disputed. Plaintiff contracted with defendant...
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