MESTER v. UNITED STATES

Civil Action No. 7106.

70 F.Supp. 118 (1947)

MESTER et al. v. UNITED STATES et al.

District Court, E. D. New York.

February 4, 1947.


Attorney(s) appearing for the Case

Bernard Noskin, of Brooklyn, N. Y., and Philip J. Hennessey, Jr., and Harry P. Warner, both of Washington, D. C. (Segal, Smith & Hennessey, of Washington, D. C., of counsel), for plaintiffs.

J. Vincent Keogh, U. S. Atty., of Brooklyn, N. Y., and Benedict P. Cottone, Gen. Counsel, and Harry M. Plotkin, Asst. Gen. Counsel, Federal Communications Commission, both of Washington, D. C., Frank J. Parker, Asst. U. S. Atty., of Brooklyn, N. Y., and Max Goldman, Erich Saxl, and Arnold D. Berkeley, Attys., Federal Communications Commission, all of Washington, D. C., for the United States and Federal Communications Commission.

Sanford H. Cohen, of New York City, for defendants Arde Bulova and Harry D. Henshel.

John V. Higgins, of New York City (Charles B. McGroddy, Jr., of New York City, of counsel), for defendant Richard E. O'Dea.

Before FRANK, Circuit Judge, and MOSCOWITZ and GALSTON, District Judges.


MOSCOWITZ, District Judge.

This suit seeks to have a decision and order of the Federal Communications Commission adjudged unlawful and void and to have this Court set aside and enjoin the enforcement of the said order.

Section 310(b) of the Communications Act of 1934, Title 47 United States Code Annotated, § 310(b), provides that:

"The station license required hereby, the frequencies authorized to be used by the licensee, and the rights therein...

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