KELLY v. ILLINOIS BELL TELEPHONE COMPANY

Nos. 14112-14114.

325 F.2d 148 (1963)

Thomas F. KELLY, Sr., Thomas F. Kelly, Jr., and George L. Kelly, co-partners doing business under the name and style of Illinois Sports News, Plaintiffs-Appellees, v. ILLINOIS BELL TELEPHONE COMPANY, an Illinois corporation, Defendant-Appellant, and United States of America, Defendant-Intervenor, Appellant. Thomas F. KELLY, Sr., Thomas F. Kelly, Jr., and George L. Kelly, co-partners doing business under the name and style of Illinois Sports News, Plaintiffs-Appellees, v. The WESTERN UNION TELEGRAPH COMPANY, a New York corporation, Defendant, and United States of America, Defendant-Intervenor, Appellant.

United States Court of Appeals Seventh Circuit.

December 6, 1963.


Attorney(s) appearing for the Case

Walter J. Cummings, Jr., Chicago, Ill., for appellant.

Howard P. Willens, Asst. Atty. Gen., Criminal Division, U. S. Department of Justice, Washington, D. C., Frank E. McDonald, U. S. Atty., Chicago, Ill., Herbert J. Miller, Jr., Asst. Atty. Gen., Beatrice Rosenberg, Edward T. Joyce, Sidney M. Glazer, Attorneys, Criminal Division, Department of Justice, Washington, D. C., James P. O'Brien, U. S. Atty., Chicago, Ill., for intervenor.

Walter E. Gallagher, Washington, D. C., Edward J. Calihan, Jr., Chicago, Ill., for appellees.

Before KNOCH and CASTLE, Circuit Judges, and MAJOR, Senior Circuit Judge.


KNOCH, Circuit Judge.

Appellants, Illinois Bell Telephone Company, defendant (sometimes hereinafter called "Illinois Bell"), and the United States of America, defendant-intervenor, are appealing from an order of the United States District Court which permanently enjoined the Illinois Bell and the Western Union Telegraph Company (which did not appeal) from terminating communication facilities presently furnished to the plaintiffs...

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