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RICHMOND v. NEW YORK TEL. CO.

No. 77 Civ. 3175.

448 F.Supp. 715 (1978)

Barry Alan RICHMOND, d/b/a the Republic of Montmartre, Plaintiff, v. NEW YORK TELEPHONE COMPANY, Defendant.

United States District Court, S. D. New York.

April 4, 1978.

Attorney(s) appearing for the Case

Edward J. Swan, New York City, for plaintiff.

George Ashley, New York City, for defendant.

MEMORANDUM AND ORDER

KNAPP, District Judge.

Plaintiff seeks to hold the defendant New York Telephone Company liable under 42 U.S.C. § 1983 for deprivation of First Amendment and due process rights in denying him a listing in the New York telephone directory under the heading "Montmartre Govt of".1 Such a denial would be actionable under § 1983 only if defendant's action...

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