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McBRIDE v. WESTERN UNION TEL. CO.

No. 11969.

171 F.2d 1 (1948)

McBRIDE v. WESTERN UNION TEL. CO.

United States Court of Appeals Ninth Circuit.

As Amended on Denial of Rehearing January 5, 1949.

Attorney(s) appearing for the Case

Charles H. Carr, of Los Angeles, Cal., for appellant.

Lawler, Felix & Hall, of Los Angeles, Cal., for appellee.

Everett C. McKeage, of San Francisco, Cal. (Roderick B. Cassidy, Hal F. Wiggins, Boris H. Lakusta and J. Thomason Phelps, all of San Francisco, Cal., of counsel), for People of State of California and Public Utilities Commission of State of California, amici curiæ.

Before DENMAN, Chief Judge, and HEALY and ORR, Circuit Judges.

DENMAN, Chief Judge.

McBride appeals from a judgment of the district court in a case in which McBride seeks to "compel the restoration to him" by the Telegraph Company of the telegraph wire service to transmit race track news between cities in eastern states and California cities and the use of Morse telegraph instruments, called drops, in the latter cities, which telegraphically receive such news. The complaint alleges these services had been theretofore supplied...

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