MASSACHUSETTS UNIV. CONV. v. HILDRETH & ROGERS CO.

No. 4477.

183 F.2d 497 (1950)

MASSACHUSETTS UNIVERSALIST CONVENTION v. HILDRETH & ROGERS CO.

United States Court of Appeals First Circuit.

July 7, 1950.


Attorney(s) appearing for the Case

Mayo Adams Shattuck, Boston, Mass. (Lewis L. Wadsworth, Jr., A. Ingham Bicknell, and Haussermann, Davison & Shattuck, all of Boston Mass., with him on brief), for appellant.

James Lawrence Fly, New York City (James A. Donovan, Lawrence, Mass., William C. Fitts, Jr., New York City, and Fly, Fitts & Shuebruk, New York City, with him on brief), for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and FRANK, Circuit Judges.


PER CURIAM.

The controversy in this case arose out of the refusal of the defendant to allow the use of the facilities of its radio station on Easter Sunday, April 17, 1949, for the broadcasting by a representative of the plaintiff, Massachusetts Universalist Convention, of a sermon, the text of which is appended at the end of this opinion. A motion to dismiss having been allowed, the district court entered a judgment of dismissal...

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