AMERICAN BROADCASTING CO. v. UNITED STATES


110 F.Supp. 374 (1953)

AMERICAN BROADCASTING CO., Inc. v. UNITED STATES et al. NATIONAL BROADCASTING CO., Inc. v. UNITED STATES et al. COLUMBIA BROADCASTING SYSTEM, Inc. v. UNITED STATES et al.

United States District Court S. D. New York.

February 5, 1953.


Attorney(s) appearing for the Case

G. B. Zorbaugh, New York City, Cravath, Swaine & Moore, New York City (Alfred McCormack, George B. Turner and Charles Myneder, New York City, of counsel), for American Broadcasting Co., Inc.

Cahill, Gordon, Zachry & Reindel, New York City (Paul W. Williams, Gustav B. Margraf, Thomas E. Ervin and Dudley B. Tenney, New York City, of counsel), for National Broadcasting Co., Inc.

Rosenman, Goldmark, Colin & Kaye, New York City (Ralph F. Colin, Max Freund and Andrew J. Schoen, New York City, of counsel), for Columbia Broadcasting System, Inc.

Newell A. Clapp, Acting Asst. Atty. Gen., Myles J. Lane, U. S. Atty. for Southern Dist. of New York, and Nathan Skolnik, Asst. U. S. Atty., New York City, James E. Kilday and William J. Hickey, Special Assts. to the Atty. Gen., for the United States.

Benedict P. Cottone, Gen. Counsel, and J. Roger Wollenberg, Asst. Gen. Counsel, Washington, D. C., Daniel R. Ohlbaum, Erich Saxl and Richard T. Conway, Washington, D. C., for Federal Communications Commission.

Before CLARK, Circuit Judge, and LEIBELL and WEINFELD, District Judges.


LEIBELL, District Judge.

These three actions were instituted in August 1949 to enjoin and set aside an order of the Federal Communications Commission adopting certain interpretative rules of the Commission in relation to "giveaway" programs on radio and television.1 Jurisdiction of this three-judge court is based on the provisions of the Federal Communications Act, 47 U.S.C.A. § 402(a) and the United States Judiciary and Judicial...

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