R. C. A. COMMUNICATIONS v. UNITED STATES


43 F.Supp. 851 (1942)

R. C. A. COMMUNICATIONS, Inc., v. UNITED STATES et al. (INTERNATIONAL COMMUNICATIONS COMMITTEE, Intervener).

District Court, S. D. New York.

February 4, 1942.


Attorney(s) appearing for the Case

Manton Davis, Frank W. Wozencraft, and John F. Gibbons, all of New York City (George F. Hurd, Lawrence Hunt, Vincent W. Farley, and Edward E. Weadock, all of New York City, of counsel), for plaintiff.

Thurman Arnold, Asst. Atty. Gen., Samuel S. Isseks and James C. Wilson, Sp. Assts. to the Atty. Gen., for defendant, United States of America.

Telford Taylor, Gen. Counsel, and Thomas E. Harris, Asst. Gen. Counsel, both of Washington, D. C., Donald M. Harris, of New York City, and Harold J. Cohen, Daryal A. Myse, Omar L. Crook, and David C. Adams, all of Washington, D. C., for defendant Federal Communications Commission.

Townley, Updike & Carter, of New York City (Louis G. Caldwell, Donald C. Beelar, and Edward K. Wheeler, all of Washington, D. C., of counsel), for intervener International Communications Committee.

Before AUGUSTUS N. HAND, Circuit Judge, and KNOX and CONGER, District Judges.


AUGUSTUS N. HAND, Circuit Judge.

This is a suit brought by R. C. A. Communications, Inc., under the provisions of the Urgent Deficiencies Act as extended by Section 402(a) of the Communications Act of 1934, as amended, 47 U.S.C.A. § 402(a), to enjoin and set aside, as respects the plaintiff, an order of the Federal Communications Commission issued under date of May 27, 1941.

The plaintiff is a common carrier engaged in communication by radiotelegraph...

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