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BOOTH v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY

No. 12167.

253 F.2d 57 (1958)

Milton BOOTH, doing business as the Booth Company, Plaintiff-Appellant, v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY, Illinois Bell Telephone Company, and Southwestern Bell Telephone Company, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

March 14, 1958.

Attorney(s) appearing for the Case

Harry R. Booth, Chicago, Ill., Benjamin Black, Chicago, Ill., of counsel, for appellant.

Arthur R. Seder, Jr., Kenneth F. Burgess, Leslie N. Jones, Douglas F. Smith, Chicago, Ill., Sidley, Austin, Burgess & Smith, Chicago, Ill., of counsel, for defendants-appellees.

Before HASTINGS and PARKINSON, Circuit Judges and WHAM, District Judge.

PARKINSON, Circuit Judge.

This is an appeal from a judgment dismissing the amended complaint for failure of the plaintiff to exhaust his administrative remedies.

The amended complaint is in two counts with jurisdiction as to Count I predicated upon Title 47 U.S.C.A. § 207 and Title 28 U.S.C.A. § 1337, and as to Count II upon the latter section. Both counts show upon their face that diversity of citizenship is absent.

Count I is for damages...

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