Julius H. Erstling v. Southern Bell Telephone and Telegraph Company

JONES, Circuit Judge.

The appellant is an attorney engaged in the practice of his profession in Miami, Florida. He brought suit in a Florida court against the appellee telephone company charging that it omitted his name from the “Yellow Pages” of its telephone directory and in so doing was guilty of gross negligence of a recklessly careless nature. He claimed a monetary loss of approximately $200 and punitive damages, with an aggregate demand “in excess of $5,000 compensatory and punitive damages.” The appellee removed the cause to the United States District Court and filed a motion to dismiss…