ERSTLING v. SOUTHERN BELL TELEPHONE & TELEGRAPH CO.

No. 16904.

255 F.2d 93 (1958)

Julius H. ERSTLING, Appellant, v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

April 29, 1958.


Attorney(s) appearing for the Case

Leo M. Alpert, R. M. MacArthur, Alpert & MacArthur, Miami, Fla., for appellant.

Edward J. Atkins, Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Miami, Fla., for appellee.

Before CAMERON, JONES and BROWN, Circuit Judges.


JONES, Circuit Judge.

The appellant is an attorney engaged in the practice of his profession in Miami, Florida. He brought suit in a Florida court against the appellee telephone company charging that it omitted his name from the "Yellow Pages" of its telephone directory and in so doing was guilty of gross negligence of a recklessly careless nature. He claimed a monetary loss of approximately $200 and punitive damages, with an aggregate demand "in excess of $5,000...

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