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FRANKLIN v. BARR

28 Misc.2d 486 (1961)

Milford Franklin, Plaintiff, v. S. M. Barr et al., Defendants.

Supreme Court, Special Term, New York County.

January 9, 1961

Attorney(s) appearing for the Case

Wolf, Popper, Ross, Wolf & Jones (Benedict Wolf of counsel), for plaintiff. Milbank, Tweed, Hope & Hadley (William E. Jackson, Andrew J. Connick and Herbert G. Telsey of counsel), for S. M. Barr and others, defendants. William E. Jackson, Andrew J. Connick, Herbert G. Telsey and John H. Waters for Western Union Telegraph Company, defendant. S. Hazard Gillespie, Jr., United States Attorney (Richard A. Solomon, Max D. Paglin, Ruth V. Reel, Asher H. Ende and Abbott C. Roseman of counsel), for Federal Communications Commission, intervenor.

HENRY EPSTEIN, J.

Motion for a temporary injunction, cross motion to dismiss the complaint on the grounds that the court has no jurisdiction of the subject matter, and that the complaint fails to state facts sufficient to constitute a cause of action.

A gist of the background of this action shows that section 222 of the Communications Act of 1934 (U. S. Code, tit. 47, § 222) was enacted to cover...

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