DIAL ONE v. BELLSOUTH TELECOMMUNICATIONS, INC.

No. 03-31132.

401 F.3d 603 (2005)

DIAL ONE OF THE MID-SOUTH, INC., Plaintiff-Appellant-Cross-Appellee, v. BELLSOUTH TELECOMMUNICATIONS, INC.; BellSouth Advertising & Publishing Corporation; L.M. Berry and Company, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

February 24, 2005.


Attorney(s) appearing for the Case

Murray Anthony Roth (argued), Metairie, LA, for Dial One of the Mid-South, Inc.

Stephen M. Schaetzel (argued), Kilpatrick Stockton, Atlanta, GA, for Defendants-Appellees-Cross-Appellants.

Before GARZA, STEWART and CLEMENT, Circuit Judges.


EDITH BROWN CLEMENT, Circuit Judge:

Local franchisor appeals the ruling of the district court limiting the damage award for erroneous address listings in telephone company's directory. Telephone company cross-appeals the district court's ruling that the company must pay under the Lanham Act for erroneously mislabeling ex-franchisee in its directory. We affirm in part, reverse in part and remand.

I.

The present appeal is part of a long-standing, fractious...

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