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DELAWARE, LACKAWANNA AND WESTERN R. CO. v. FEDERAL COMMUNICATIONS COMMISSION

No. 2, Docket 25046.

272 F.2d 706 (1959)

DELAWARE, LACKAWANNA AND WESTERN R. CO., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION et al., Respondents.

United States Court of Appeals Second Circuit.

Decided December 7, 1959.

Attorney(s) appearing for the Case

Harold J. Gilmartin, New York City, for petitioner.

Robert A. Bicks, Acting Asst. Atty. Gen., Richard A. Solomon, Atty., Dept. of Justice; John L. Fitzgerald, General Counsel; Max D. Paglin, Asst. General Counsel; Jerry M. Hamovit, Attorney, Federal Communications Commission, Washington, D. C., for respondents.

Before CLARK, Chief Judge, and HINCKS and WATERMAN, Circuit Judges.

PER CURIAM.

This is a petition for review of an order of the Federal Communications Commission denying petitioner's application for a general exemption under 47 U.S.C. § 383 from the provisions of 47 U.S.C.A. § 381, requiring radio-telephone installations on certain passenger vessels that are navigated in the open sea or on tidewater adjacent or contiguous to the open sea. Petitioner's vessels, ferry boats, are vessels within the scope of the statute, and...

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