POLLAK v. PUBLIC UTILITIES COMMISSION OF THE DIST. OF COL.

No. 10777.

191 F.2d 450 (1951)

POLLAK et al. v. PUBLIC UTILITIES COMMISSION OF THE DISTRICT OF COLUMBIA et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 1, 1951.

Writ of Certiorari Granted October 15, 1951.


Attorney(s) appearing for the Case

Paul M. Segal, Washington, D. C., with whom Franklin S. Pollak, Washington, D. C., was on the brief, pro se, for appellants. Harry P. Warner and Quayle B. Smith, Washington, D. C., entered appearances for appellants.

Daryal A. Myse, Washington, D. C., with whom Edmund L. Jones and F. G. Awalt, Washington, D. C., were on the brief, for appellee Capital Transit Co.

Lloyd B. Harrison, Counsel, Public Utilities Commission of the District of Columbia, Washington, D. C., with whom Vernon E. West, Corporation Counsel, Washington, D. C., was on the brief, for appellee Public Utilities Commission of the District of Columbia.

W. Theodore Pierson, Washington, D. C., with whom Vernon C. Kohlhaas and Thomas N. Dowd, Washington, D. C., were on the brief, for appellee Washington Transit Radio, Inc.

Charles Black of the bar of New York, Morris L. Ernst, James Lawrence Fly, Osmond K. Fraenkel, all of New York City, Alexander B. Hawes, Washington, D. C., Arthur Garfield Hays, New York City, Laurence A. Knapp, Washington, D. C., all members of the bar of this court, and Herbert Monte Levy and Bernard Weitzman, New York City, of the bar of New York, filed a brief on behalf of the American Civil Liberties Union as amicus curiae urging reversal.

Before EDGERTON, BAZELON, and FAHY, Circuit Judges.


Writ of Certiorari Granted October 15, 1951. See 72 S.Ct. 77.

EDGERTON, Circuit Judge.

Appellee Capital Transit Company (Transit) operates streetcars and buses in the District of Columbia. In 1948 Transit made a contract with appellee Washington Transit Radio, Inc., (Radio) by which Radio was to install and maintain loudspeakers in Transit vehicles and provide broadcasts at least 8 hours1 daily except Sunday. In October, 1949,...

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