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Phone company claims utility provider caused damage to circuits

By John Suayan, Galveston Bureau | Apr 28, 2010

GALVESTON - Southwestern Bell Telephone Co. has filed suit against Texas-New Mexico Power Co. over $30,000 worth in damages to its communications system.

SWBT alleges that on May 14, 2008, TNMPC erected a utility pole near Highway 3 and Century Boulevard in Texas City and struck a conduit and cable that were buried in the area.

The original complaint was filed April 26 in Galveston County Court No. 3.

TNMPC is accused of negligence and trespassing.

SWBT claims it lost the use of four DS3 trunk and toll circuits and five DS1 exchange circuits while repairing the problem caused by the power company.

"The plaintiff has suffered actual, incidental and consequential damages, including costs to replace, repair and/or restore that portion of its telecommunications system damaged by the defendant and the value of replacement lines or circuits for the time they could not be used," the suit states.

Houston attorney Gary L. Murphree is representing the plaintiff.

The case has been assigned to Galveston County Court No. 3 Judge Roy Quintanilla.

Cause No. 62,720

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