NEW YORK TELEPHONE CO. v. PRENDERGAST


36 F.2d 54 (1929)

NEW YORK TELEPHONE CO. v. PRENDERGAST et al. (CITY OF NEW YORK, Intervener).

District Court, S. D. New York.

November 7, 1929.


Attorney(s) appearing for the Case

Charles T. Russell, of New York City (Edward L. Blackman, Charles T. Russell, Edward W. Beattie, Paul H. Burns, and Walton Clark, Jr., all of New York City, of counsel), for plaintiff.

Arthur J. W. Hilly, Corp. Counsel, of New York City (M. Maldwin Fertig, Harry Hertzoff, and Paul Kolisch, all of New York City, of counsel), for intervener.

Hamilton Ward, Atty. Gen. (Thomas F. Fennell, of Elmira, N. Y., Irwin Kurtz, of New York City, and Frederick D. Colson, of Albany, N. Y., of counsel), for the Attorney General.

Charles G. Blakeslee, of Binghamton, N. Y. (Melvin L. Krulewitch, of New York City, George E. McVay, of Huguenot Park, N. Y., and Charles E. Murphy, of New York City, of counsel), for defendants Prendergast et al.

Before MANTON and SWAN, Circuit Judges, and CHASE, Circuit Judge (assigned to sit in the District Court), convened pursuant to section 266 of the Judicial Code, U. S. Code of Laws, tit. 28, § 380 (28 USCA § 380).


MANTON, Circuit Judge (after stating the facts as above).

The plaintiff is a New York corporation. It owns and operates a telephone property and system throughout the state of New York; also in the town of Greenwich, Conn., and until October 11, 1927, it operated property in the state of New Jersey. Its entire capital stock is held by the American Telephone & Telegraph Company, and it has a practical monopoly of the telephone business in New York state. It thus...

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