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UNITED STATES v. AMERICAN SOCIETY OF COMPOSERS, A. & P.

No. 402, Docket 28086.

331 F.2d 117 (1964)

UNITED STATES of America, Plaintiff, v. AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, Defendant-Appellee. Application of SHENANDOAH VALLEY BROADCASTING, INC., et al., Petitioners-Appellants.

United States Court of Appeals Second Circuit.

Decided April 14, 1964.

Certiorari Denied June 22, 1964.

Attorney(s) appearing for the Case

Walter R. Mansfield, Donovan, Leisure, Newton & Irvine, New York City, for petitioners-appellants.

Arthur H. Dean, New York City (William Piel, Jr., Herman Finkelstein, New York City, Lloyd N. Cutler, of Wilmer, Cutler & Pickering, Washington, D. C., and Frederick A. Terry, Jr., of Sullivan & Cromwell, New York City, of counsel), for defendant-appellee.

Before MOORE, FRIENDLY and SMITH, Circuit Judges.

Certiorari Denied June 22, 1964. See 84 S.Ct. 1917.

FRIENDLY, Circuit Judge:

I.

A year ago we dismissed this appeal because of what we considered to be "the controlling force of the Expediting Act [32 Stat. 823 (1903)] in routing all appeals from final judgments [in actions by the Government under the antitrust laws] to the Supreme Court . . ."; 2 Cir., 317 F.2d 90, 94 (1963), a construction which we thought to follow...

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