Ivy Broadcasting Company, Inc. v. American Telephone and Telegraph Company and New York Telephone Company, Defendants-Appellees-Appellants

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 by carriers regulated under the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-609, and over counterclaims for unpaid charges with…