WESTERN UNION TELEGRAPH COMPANY, Petitioner,
v.
UNITED STATES of America and Federal Communications Commission, Respondents,
American Cable & Radio Corporation, All America Cables and Radio, Inc., The Commercial Cable Company, Mackay Radio and Telegraph Company, R. C. A. Communications, Inc., and American Communications Associations, Intervenors.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued March 4, 1959.
Decided June 15, 1959.
Attorney(s) appearing for the Case
John H. Waters, New York City (William Wendt and Herbert G. Telsey on the brief), all of New York City, for petitioner.
Richard A. Solomon, Asst. General Counsel for the Federal Communications Commission, Washington, D. C. (Victor R. Hansen, Asst. Atty. Gen., Henry Geller, Attorney, Department of Justice, and John L. Fitzgerald, General Counsel, and Ruth V. Reel, Counsel, Federal Communications Commission, Washington, D. C., on the brief), for respondents.
John A. Hartman, Jr., New York City (John F. Gibbons and William A. Kelleher, New York City, on the brief), for intervenors American Cable & Radio Corporation, All America Cables and Radio, Inc., The Commercial Cable Company, and Mackay Radio and Telegraph Company.
Howard R. Hawkins, New York City (Leonard W. Tuft and Frederick M. Porter, New York City, on the brief), for intervenor R. C. A. Communications, Inc.
Victor Rabinowitz, New York City (Rabinowitz & Boudin, New York City, on the brief), for intervenor American Communications Association.
Before MEDINA and HINCKS, Circuit Judges, and MATHES, District Judge.
United States Court of Appeals Second Circuit.
MATHES, District Judge.
Invoking the jurisdiction of this Court under 5 U.S.C.A. § 1032 [64 Stat. 1129 (1950)], The Western Union Telegraph Company petitions to set aside an order of the Federal Communications Commission made July 9, 1958 pursuant to § 222 (c) (2) of the Communications Act [47 U.S.C.A. § 222(c)(2), 57 Stat. 5 (1943)], modifying "the Commission's Order of September 27, 1943 * * * to provide...
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