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NATIONAL BROADCASTING CO. v. UNITED STATES

47 F.Supp. 940 (1942)

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

District Court, S. D. New York.

November 16, 1942.

Attorney(s) appearing for the Case

Charles R. Denny, of Washington, D. C., for the Commission.

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

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

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

L. HAND, Circuit Judge.

These cases come before us a second time upon motions made by the defendants and the Mutual Broadcasting System — which has intervened — summarily to dismiss the complaints. The motions are made upon the complaints, upon certain affidavits of the counsel for the Commission, upon the Commission's report and all the proceedings and evidence before it, and — we shall assume — upon the affidavits filed by the plaintiffs...

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