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ALLEN B. DUMONT LABORATORIES v. CARROLL

No. 10136.

184 F.2d 153 (1950)

ALLEN B. DUMONT LABORATORIES, Inc. et al. v. CARROLL et al.

United States Court of Appeals Third Circuit.

Decided September 5, 1950.

Attorney(s) appearing for the Case

Harry F. Stambaugh, Pittsburgh, Pa. (Abraham J. Levy, Special Deputy Attorney General, T. McKeen Chidsey, Attorney General, on the brief), for appellants.

Earl G. Harrison, Philadelphia, Pa. (W. Theodore Pierson, Henry B. Weaver, Jr., Morton H. Wilner, Thad H. Brown and George O. Sutton, all of Washington, D. C., Philip Dechert, Schnader, Harrison, Segal & Lewis, Wm. A. Schnader and Edward W. Mullinix, all of Philadelphia, Pa., on the brief), for appellees.

Before BIGGS, Chief Judge, and MARIS and GOODRICH, Circuit Judges.

BIGGS, Chief Judge.

The suit at bar was brought under the Federal Declaratory Judgments Act, now Sections 2201, 2202, Title 28 U.S.C.A. to determine whether the Commonwealth of Pennsylvania, pursuant to a regulation1 promulgated by the State Board of Censors under the Act of May 15, 1915, P.L. 534, as amended, 4 P.S. §§ 41-58,2 may censor films used by the plaintiffs in projecting television programs...

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