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RICHMOND v. NEW YORK TEL. CO.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK


April 4, 1978

BARRY ALAN RICHMOND, d/b/a THE REPUBLIC OF MONTMARTRE, Plaintiff,
v.
NEW YORK TELEPHONE COMPANY, Defendant

The opinion of the court was delivered by: KNAPP

MEMORANDUM AND ORDER

 KNAPP, D.J.

 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". *fn1" Such a denial would be actionable under § 1983 only if defendant's action could be characterized as that of the state. We find this state action requirement unsatisfied here. See Jackson v. Metropolitan Edison Co. (1974) 419 U.S. 345, 42 L. Ed. 2d 477, 95 S. Ct. 449; Taylor v. Con Edison Co. (2d Cir. 1977) 552 F.2d 39. Since the § 1983 claim must be dismissed, an exercise of pendent jurisdiction over plaintiff's defamation claim would be inappropriate. *fn2" United Mine Workers v. Gibbs (1966) 383 U.S. 715, 16 L. Ed. 2d 218, 86 S. Ct. 1130, Kavit v. A. L. Stamm & Co. (2d Cir. 1974) 491 F.2d 1176. Defendant's motion to dismiss the complaint is accordingly granted.

 SO ORDERED.

 WHITMAN KNAPP, U.S.D.J.


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