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DAVID v. NEW YORK TELEPHONE COMPANY

No. 161, Docket 72-1530.

470 F.2d 191 (1972)

Richard DAVID, individually, as well as on behalf of others similarly situated, Plaintiff-Appellant, v. NEW YORK TELEPHONE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 5, 1972.

Attorney(s) appearing for the Case

Bradley B. Davis, New York City, for plaintiff-appellant.

Leonard Joseph, New York City (Dewey, Ballantine, Bushby, Palmer & Wood, New York City, and Harvey Kurzweil and Jack Kaufmann, New York City, of counsel), for defendant-appellee.

Before SMITH, KAUFMAN and MULLIGAN, Circuit Judges.

PER CURIAM:

This is an appeal from an order of Hon. Edmund L. Palmieri, United States District Court Judge, Southern District of New York, granting the defendant's motion to dismiss the complaint for failure to state a claim upon which relief could be granted. 341 F.Supp. 944 (S.D.N.Y.1972). This court affirmed the dismissal of the complaint in open court on November 15, 1972, on the ground that there was no substantial federal...

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