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NATIONAL BROADCASTING CO. v. UNITED STATES

44 F.Supp. 688 (1942)

NATIONAL BROADCASTING CO., Inc., et al. v. UNITED STATES et al. (MUTUAL BROADCASTING SYSTEM, Inc., Intervener). COLUMBIA BROADCASTING SYSTEM, Inc., v. UNITED STATES (FEDERAL COMMUNICATIONS COMMISSION et al., Interveners).

District Court, S. D. New York.

Supplemental Opinion March 2, 1942.

Attorney(s) appearing for the Case

John T. Cahill, of New York City, for National Broadcasting Company.

Charles E. Hughes, Jr., of New York City, for Columbia Broadcasting System.

Telford Taylor and Thomas E. Harris, both of Washington, D. C., for the United States and the Commission.

Louis G. Caldwell, of Washington, D. C., for Mutual Broadcasting System, Inc., Intervener.

Before L. HAND, Circuit Judge, and GODDARD and BRIGHT, District Judges.

L. HAND, Circuit Judge.

These actions were brought to declare invalid and set aside certain regulations originally promulgated by the Federal Communications Commission on May 2, 1941, and amended on October 11, 1941; in their final form they appear at the end of this opinion. After the actions were filed the Commission, on October 31, 1941, promulgated a further regulation in the form of a "minute," also appearing at the end of the opinion. Preparatory to the issuance...

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