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FEDERAL BROADCASTING SYS. v. AMERICAN BROADCAST. CO.

No. 119, Docket 20833.

167 F.2d 349 (1948)

FEDERAL BROADCASTING SYSTEM, Inc., v. AMERICAN BROADCASTING CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

April 8, 1948.

Attorney(s) appearing for the Case

William L. McGovern and Seymour Krieger, both of Washington, D. C. (Courtney, Krieger & Jorgensen, of Washington, D. C., and David Greenbaum, of New York City, of counsel), for Federal Broadcasting System, Inc., appellant.

Hawkins, Delafield & Wood, of New York City (Joseph A. McDonald, Clarence Fried and Franklin S. Wood, all of New York City, of counsel), for American Broadcasting Co., Inc., appellee.

Lauterstein, Spiller & Brown, of New York City (Leon Lauterstein and Jacob L. Isaacs, both of New York City, of counsel), for Mutual Broadcasting System, Inc., appellee.

Before L. HAND, SWAN and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal by the plaintiff from an order denying a motion for a preliminary injunction. Such orders are largely within the discretion of the judge hearing the motion and we have no reason to suppose that he abused his discretion in the present case.

The plaintiff is the owner of radio broadcasting station WSAY at Rochester, New York, and brought an action against the four chain...

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