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SHENANDOAH BROADCASTING v. ASCAP.

No. 323.

375 U.S. 39 (1963)

SHENANDOAH VALLEY BROADCASTING, INC., ET AL. v. AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS.

Supreme Court of United States.

Decided October 21, 1963.

Attorney(s) appearing for the Case

Ralstone R. Irvine and Walter R. Mansfield for petitioners.

Arthur H. Dean, William Piel, Jr., Herman Finkelstein and Lloyd N. Cutler for respondent.

PER CURIAM.

In 1950 the District Court for the Southern District of New York entered an amended consent decree in a government Sherman Act suit requiring ASCAP inter alia to "grant to any user making written application therefor a non-exclusive license to perform all of the compositions in the ASCAP repertory" subject to a reasonable license fee. On request of petitioners for a license ASCAP refused to fix a fee and...

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