Tollin v. Diamond State Telephone Co.

OPINION

LAYTON, District Judge.

On January 31, 1968, by an unreported opinion, this Court dismissed defendant’s motion for summary judgment in the above entitled action. Thereafter, defendant filed a timely motion for re-argument, raising a point not heretofore briefed and argued.

The ground is that plaintiffs’ right of action is barred by Title 18 U.S.C. Section 1084(d) because defendant’s discontinuance of plaintiffs’ telephone service was in compliance with a proper notice received from a law enforcement agency. Based upon the provisions of this Section, and supplementary affidavits to which…