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ROCHESTER TELEPHONE CORPORATION v. UNITED STATES

23 F.Supp. 634 (1938)

ROCHESTER TELEPHONE CORPORATION v. UNITED STATES et al.

District Court, W. D. New York.

June 20, 1938.

Attorney(s) appearing for the Case

T. Carl Nixon, of Rochester, N. Y. (Justin J. Doyle, of Rochester, N. Y., of counsel), for petitioner.

Hampson Gary, Gen. Counsel, James A. Kennedy, Asst. Gen. Counsel, and Elizabeth C. Smith, Asst. Counsel, all of Washington, D. C., Robert M. Cooper, Sp. Asst. to Atty. Gen., Thurman Arnold, Asst. Atty. Gen., and Wendell Berge and John J. Abt, Sp. Assts. to Atty. Gen., for Federal Communications Commission.

Before MANTON, Circuit Judge, and KNIGHT and BURKE, District Judges.

MANTON, Circuit Judge.

This suit is brought to set aside an order of the Federal Communications Commission which directs petitioner to comply with certain orders of the Commission. 47 U.S.C. A. § 402(a). The United States is made a party (§ 211 of the Judicial Code; 28 U.S. C.A. § 48). The petitioner maintains that it is not subject to such supervision because of § 2 (b) (2) of the Communications Act of 1934 (48 Stat. 1064; 47 U.S.C.A. § 152...

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