The WESTERN UNION TELEGRAPH COMPANY, Globe Wireless, Ltd., and Tropical Radio Telegraph Company, Petitioners,
v.
UNITED STATES of America, Respondent, Federal Communications Commission, American Cable & Radio Corporation, All America Cables and Radio, Inc., The Commercial Cable Company, Mackay Radio and Telegraph Company, Inc., Commercial Pacific Cable Company, and RCA Communications, Inc., Intervenors.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued November 9, 1954.
Decided December 8, 1954.
Attorney(s) appearing for the Case
George D. Rives, San Francisco, Cal. (John H. Waters, William Wendt, William E. Seward, New York City, for petitioner The Western Union Telegraph Co., Brobeck, Phleger & Harrison, San Francisco, Cal., for petitioner Globe Wireless Ltd., and John J. Ryan, Jr., Boston, Mass., for petitioner Tropical Radio Telegraph Co.), for petitioners.
Richard A. Solomon, Washington, D. C. (Stanley N. Barnes, Asst. Atty. Gen., and Daniel M. Friedman, Sp. Asst. to Atty. Gen., Washington, D. C., for United States of America, respondent; Warren E. Baker, Gen. Counsel, Washington, D. C., J. Smith Henley, Asst. Gen. Counsel, Harrison, Ark., and Stanley S. Neustadt, Counsel, Federal Communications Commission, Washington, D. C., for intervenor Federal Communications Commission), for the United States of America.
James A. Kennedy, New York City (John F. Gibbons, New York City, on the brief), for intervenors American Cable & Radio Corp., All America Cables and Radio, Inc., The Commercial Cable Co., Mackay Radio and Telegraph Co., Inc., and Commercial Pacific Cable Co.
Howard R. Hawkins, New York City (James E. Greeley and Leonard W. Tuft, New York City, on the brief), for intervenor RCA Communications, Inc.
Before CLARK, Chief Judge, and FRANK and HARLAN, Circuit Judges.
United States Court of Appeals, Second Circuit.
CLARK, Chief Judge.
This petition for review concerns the legality under 47 U.S.C. § 222 of certain contracts entered into in 1949 between Western Union Telegraph Company on the one hand and Globe Wireless Ltd. and Tropical Radio Telegraph Company on the other. Under these contracts Western Union agrees to and does assign to the respective companies all telegraph messages to certain geographical areas specifically routed by the sender via Western Union Cables...
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