Foshee v. GENERAL TELEPHONE COMPANY OF SOUTHEAST

EMBRY, Justice.

Appeal from judgment dismissing a class action against General Telephone Company seeking recovery of alleged overcharges for telephone service. Appellants are telephone service subscribers of General Telephone, appellee here. The subscriber class is represented by Crum Foshee. We affirm.

The sole issue for decision is whether the subscribers could prove any set of facts in support of their claim which would enti tie them to relief under any cognizable theory of law. ARCP 12(b) (6).

On 30 October 1972 the Alabama Public Service Commission granted General Telephone a rate increase.…