Federal Building Service v. Mountain States Telephone & Telegraph Co.

OPINION

E. T. HENSLEY, JR., Chief Judge, Court of Appeals.

A partnership doing business under the name Federal Building Service was the plaintiff in the trial court and will hereinafter be referred to as the appellant. The .Mountain States Telephone and Telegraph Company is the appellee.

The appellant filed suit to recover damages, actual and exemplary, for the appel-lee’s alleged failure to carry an advertisement in the “Yellow Pages.” From a summary judgment comes this appeal.

The first of four points advanced by the appellant is that a motion for summary judgment is not to be considered as a…