Denny's Auto & Towing, Inc. v. Michigan Bell Telephone Co.

Defendant appeals by leave granted from the denial of its motion for summary judgment pursuant to GCR 1963, 117.2(1). The facts in the case disclose that plaintiff’s telephone number and listing were omitted from both the white and blue pages of the Grand Rapids metropolitan area phone directory for the year 1979-1980 after having been previously listed therein. The defendant’s answer set forth affirmative defenses claiming that, inter alia, primary jurisdiction was with the Michigan Public Service Commission (MPSC) and that the MPSC’s "duly filed and published tariff preclude[s] liability”.

In…