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SAM FOX PUBLISHING CO. v. U. S.

No. 56.

366 U.S. 683 (1961)

SAM FOX PUBLISHING CO., INC., ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided May 29, 1961.

Attorney(s) appearing for the Case

Charles A. Horsky argued the cause for appellants. With him on the brief was Alvin Friedman.

Daniel M. Friedman argued the cause for the United States. With him on the briefs were former Solicitor General Rankin, Solicitor General Cox, Acting Assistant Attorney General Bicks, Acting Assistant Attorney General Kirkpatrick, Charles H. Weston, Richard A. Solomon and Irwin A. Seibel.

John F. Dooling. Jr. argued the cause for the American Society of Composers, Authors and Publishers, appellee. On the brief were Arthur H. Dean, Howard T. Milman, Herman Finkelstein, Lloyd N. Cutler, David H. Horowitz and Samuel A. Stern.

MR. JUSTICE HARLAN delivered the opinion of the Court.

The appellants proceeding under the Expediting Act, 15 U. S. C. § 29, appeal directly to this Court form an order of the District Court for the Southern District of New York denying their motions to intervene as of right in a proceeding to modify a consent decree previously entered in a government antitrust suit. The appellants were not named as parties either in the suit or modification

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