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LINDSEY v. ALABAMA TEL. CO.

No. 76-4114.

576 F.2d 593 (1978)

Eldon LINDSEY, Plaintiff-Appellant, v. ALABAMA TELEPHONE COMPANY, a corporation, Continental Telephone Company of the South, a corporation, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 7, 1978.

Attorney(s) appearing for the Case

Al Tidwell, John D. Self, Hamilton, Ala., for plaintiff-appellant.

John E. Grenier, Birmingham, Ala., for defendants-appellees.

Before TUTTLE, GEE and FAY, Circuit Judges.

TUTTLE, Circuit Judge:

This is an appeal from the dismissal of a suit originally filed by Eldon Lindsey in the Circuit Court of Marion County, Alabama, against Alabama Telephone Company and Continental Telephone Company of the South. Lindsey alleged, on behalf of a class consisting of all patrons of the two telephone companies, that defendants had wrongfully extracted additional telephone deposits by threatening to suspend service unless such deposits were paid. Defendants...

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