United States First Circuit

In a contract dispute between a phone company and a cell phone reseller centering around money owed for fraudulent use of cellphone numbers provided to the debtor by the phone company, judgment for debtor is vacated and remanded where the terms of the tariff describing the relationship between the parties unambiguously assigned the risk of losses from fraud to the debtor.

Appellate Information

• Decided 03/28/2007
• Published 03/28/2007

Judges

• HOWARD, Circuit Judge., Before LYNCH, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Ricardo F. Casellas, with whom Ricardo L. Ortiz Colón and Fiddler González & Rodríguez, P.S.C. were on brief, for appellant.


• For Appellees:
  
• Carmen D. Conde Torres with whom C. Conde & Associates was on brief for appellee.