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NORDLICHT v. NEW YORK TELEPHONE CO.

No. 1372, Docket 86-7218.

799 F.2d 859 (1986)

Harold NORDLICHT, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. NEW YORK TELEPHONE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 25, 1986.

Attorney(s) appearing for the Case

Robert E. Frey, New York City (Herbert I. Deutsch, Deutsch & Frey, New York City, on brief), for plaintiff-appellant.

Walter C. Reid, New York City (John M. Clarke, Gerald M. Oscar, Saul Scheier, New York City, on brief), for defendant-appellee.

Before FEINBERG, Chief Judge, NEWMAN and KEARSE, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal primarily concerns the lawfulness of charges of the defendant-appellee New York Telephone Company (NYTel) for phone calls that originate outside the United States and are billed to NYTel credit cards. The appeal also presents the issue, rarely litigated, whether federal jurisdiction over a claim arising under federal common law is exclusive. Harold Nordlicht appeals from a judgment of the District Court for the Southern District...

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