PACKAGED PROGRAMS v. WESTINGHOUSE BROADCASTING CO.

No. 12454.

255 F.2d 708 (1958)

PACKAGED PROGRAMS, Inc., Appellant, v. WESTINGHOUSE BROADCASTING COMPANY, Inc.

United States Court of Appeals Third Circuit.

Decided May 28, 1958.


Attorney(s) appearing for the Case

William Claney Smith, Pittsburgh, Pa., for appellant.

Paul J. Winschel, Pittsburgh, Pa. (J. Tomlinson Fort, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., on the brief), for appellee.

Before KALODNER and HASTIE, Circuit Judges, and LAYTON, District Judge.


HASTIE, Circuit Judge.

This is an appeal from an order dismissing a complaint for failure to state a claim upon which relief can be granted.

As presently alleged, these are the essential facts. At the times in question defendant Westinghouse owned and operated the only television station in Pittsburgh, and thereby enjoyed a lawful monopoly of the airwaves in certain parts of Pennsylvania, Ohio, and West Virginia. A related but distinct business was the production...

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