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SOUTH CENT. BELL TELEPHONE CO. v. HOLMES

1941894.

689 So.2d 786 (1996)

SOUTH CENTRAL BELL TELEPHONE COMPANY v. Glen E. HOLMES.

Supreme Court of Alabama.

Rehearing Denied January 31, 1997.

Attorney(s) appearing for the Case

J. Mark White and Will M. Booker of White, Dunn & Booker, Birmingham; Fred D. Gray and Fred Gray, Jr., of Gray, Langford, Sapp, McGowan, Gray & Nathanson, Tuskegee; J. Frank Ozment of Lange, Simpson, Robinson & Somerville, Birmingham; and Peyton D. Bibb, Jr., of BellSouth Telecommunications, Inc., Birmingham, for Appellant.

Jock M. Smith, Tuskegee; and Robert D. Segall of Copeland, Franco, Screws & Gill, P.A., Montgomery, for Appellee.

ALMON, Justice.

Glen E. Holmes brought a class action against South Central Bell Telephone Company ("Bell"), alleging that Bell had committed fraud against, and breached its contracts with, him and other similarly situated individuals by failing to pay the proper compensation for telephone calls made from Bell's public pay telephones. Holmes owns a business in which Bell has installed pay telephones. Bell moved to dismiss the action, contending that the claim was...

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