Berberian v. New England Telephone & Telegraph Co.

In this civil action the plaintiff seeks to enjoin the defendant, New England Telephone and Telegraph Company, from discontinuing listing the plaintiff’s name in boldfaced type in its 1973 telephone directory. It appears that the defendant from 1968 to 1972 had listed the plaintiff’s name, address, and telephone number in its directory in boldfaced type but that it informed the plaintiff that it wou’d not so list his name in the 1973 issue of the directory. The defendant moved under Super. R. Civ. P. 12(b) (6) that the action be dismissed with prejudice for failure to establish a claim upon…