Legal Opinion

Mobile Electronic Service, Inc. v. FirsTel, Inc.

South Dakota Supreme Court

Decided July 24, 2002No. 21818PublishedCited by 6 opinions

1Opinion of the Court

GORS, Acting Justice (on reassignment).

[¶ 1.] FirsTel, Inc. (FirsTel) appeals the decision of the trial court denying its motion to dismiss. FirsTel claimed that its liability to Mobile Electronics Service, Inc. (Mobile) for failure to change Mobile’s phone numbers from “unlisted” to “listed” is limited by a tariff filed with the South Dakota Public Utilities Commission (PUC) and incorporated by reference in the listing contract with Mobile. We affirm.

FACTS AND PROCEDURE

[¶ 2.] FirsTel is one of several providers of local telephone exchange services in South Dakota. One of the services that it…

2Cases cited4 opinions

  1. Durham v. Ciba-Geigy Corp.South Dakota Supreme Court · 1982
  2. Rozeboom v. Northwestern Bell Telephone Co.South Dakota Supreme Court · 1984
  3. Morgan v. SOUTH CENT. BELL TELEPHONE CO.Supreme Court of Alabama · 1985
  4. Hansen v. KjellsenSouth Dakota Supreme Court · 2002

3Cited by6 opinions

  1. Nygaard v. Sioux Valley Hospitals & Health SystemSouth Dakota Supreme Court · 2007
  2. In Re Currency Conversion Fee Antitrust LitigationDistrict Court, S.D. New York · 2005
  3. Frankel v. Citicorp Insurance Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  4. Custom Hair Designs by Sandy, LLC v. Central Payment Co., LLCDistrict Court, D. Nebraska · 2021
  5. Mobile Electric v. FirstelSouth Dakota Supreme Court · 2002

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