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IN THE COURT OF APPEALS OF MARYLAND No. 20 September Term, 2003 _________________________________________

FELLAND LIMITED PART NERS HIP

v.

DIGI-TEL COMMU NICATIONS, LLC __________________________________________ Bell, C.J. *Eldridge Raker Wilner Cathell Harrell Battaglia, JJ. __________________________________________ Opinion by Eldridge, J. _________________________________________

Filed: December 22, 2004

* Eldridge, J., now retired, participated in the hearing and conference of this case while an active member of this Court; after being recalled pursuant to the Constitution, Article IV, Section 3A, he also participated in the decision and adoption of this opinion.

This is a private action, for monetary damages, under the Telephone Consumer Protection Act, 47 U.S.C.

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Maryland Law