AMERICAN TELEPHONE & TELEGRAPH CO. v. UNITED STATES


14 F.Supp. 121 (1936)

AMERICAN TELEPHONE & TELEGRAPH CO. et al. v. UNITED STATES et al.

District Court, S. D. New York.

February 18, 1936.


Attorney(s) appearing for the Case

C. M. Bracelen, Chas. T. Russell, Edward L. Blackman, and Alan J. McBean, all of New York City, for plaintiffs Eastern Telephone & Telegraph Co. and others.

Allen T. Klots and Hayden N. Smith, both of New York City (Winthrop, Stinson, Putnam & Roberts and G. Schuyler Tarbell, Jr., all of New York City, of counsel), for plaintiffs Ohio Associated Telephone Co. and others.

Harold F. Collins, Sp. Asst. to the Atty. Gen., and Albert E. Stephan and W. D. Humphrey, both of Washington, D. C. (Hampson Gary and Frank Roberson, both of Washington, D. C., of counsel), for Federal Communications Commission.

Clyde S. Bailey and John E. Benton, both of Washington, D. C., for National Ass'n of Railroad & Utilities Commissioners.

Charles G. Blakeslee, of Binghamton, N. Y., for Public Service Commission of New York.

Before MANTON and HAND, Circuit Judges, and KNOX, District Judge.


MANTON, Circuit Judge.

Plaintiffs, common carriers of communication by wire, file this bill under the Urgent Deficiencies Act, October 22, 1913, c. 32, 38 Stat. 208, 219, made applicable by section 402 (a) of the Communications Act (June 19, 1934, c. 652, § 402 (a), 48 Stat. 1093, 47 U.S.C. § 402 (a), 47 U.S.C.A. § 402 (a). They seek to restrain the Federal Communications Commission from enforcing its Order No. 7-C issued June 19, 1935, and effective...

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