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IVY BROADCASTING CO. v. AMERICAN TEL. & TEL. CO.

No. 305, Docket 29991.

391 F.2d 486 (1968)

IVY BROADCASTING COMPANY, Inc., Plaintiff-Appellant, v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY and New York Telephone Company, Defendants-Appellees-Appellants.

United States Court of Appeals Second Circuit.

Decided February 13, 1968.

Attorney(s) appearing for the Case

Manley H. Thaler, Ithaca, N. Y. (Thaler & Thaler, Ithaca, N. Y., on the brief), for plaintiff-appellant.

Angela E. Struglia, Syracuse, N. Y. (Costello, Cooney & Fearon and Gerald M. Oscar, New York City, on the brief, George R. Fearon, Syracuse, N. Y., of counsel), for defendant-appellees-appellants.

Henry Geller, Gen. Counsel, John H. Conlin, Associate Gen. Counsel, and Joseph A. Marino, Counsel, Federal Communications Commission, Washington, D. C., as amicus curiae.

Before LUMBARD, Chief Judge, and WATERMAN and SMITH, Circuit Judges.

LUMBARD, Chief Judge:

Plaintiff appeals from the dismissal of its complaint and defendants cross-appeal from the dismissal of their counterclaims by Judge Port in the Northern District of New York. The appeals present the question — apparently one of first impression — whether, in the absence of diversity of citizenship, a federal court has jurisdiction over a claim for negligence and breach of contract in the rendition of interstate telephone service...

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