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PROFESSIONAL ANSWERING SERV. v. CHESAPEAKE TEL.

No. 87-1210.

565 A.2d 55 (1989)

PROFESSIONAL ANSWERING SERVICE, INC., Appellant, v. CHESAPEAKE AND POTOMAC TELEPHONE CO., Appellee.

District of Columbia Court of Appeals.

Reargued May 1, 1989.

Decided October 11, 1989.

Attorney(s) appearing for the Case

Dale A. Cooter, with whom Nicholas H. Hantzes, Washington, D.C., was on the brief, for appellant.

Frederick B. Abramson, with whom Judy B. Chase, Lee A. Satterfield, Washington, D.C., and F. Joseph Feely, III were on the brief, for appellee.

Howard C. Davenport, Gen. Counsel, with whom Mary J. Sisak and Thomas J. Moorman, Staff Counsel, were on the brief for amicus curiae, The Public Service Com'n of the District of Columbia.

Before ROGERS, Chief Judge, and FERREN and BELSON, Associate Judges.

ROGERS, Chief Judge:

The principal issue in this appeal from the grant of summary judgment is whether, prior to the statutory amendments in 1984, an exculpatory tariff limiting the liability of the Chesapeake & Potomac Telephone Company (C & P) for negligence to the amount of a customer's monthly bills may be approved by the District of Columbia Public Service Commission (PSC) pursuant to the 10 day letter of acceptance procedure of D.C.Code § 43-527...

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