UNITED TELEGRAPH WORKERS, AFL-CIO v. F.C.C.

No. 23852.

436 F.2d 920 (1970)

UNITED TELEGRAPH WORKERS, AFL-CIO, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Western Union Telegraph Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 4, 1970.


Attorney(s) appearing for the Case

Mr. Isaac N. Groner, Washington, D. C., with whom Mr. William Kanter, Washington, D. C., was on the brief, for petitioner.

Mr. Stuart F. Feldstein, Counsel, Federal Communications Commission, with whom Messrs. Henry Geller, General Counsel, and John H. Conlin, Associate General Counsel, Federal Communications Commission, were on the brief, for respondent, Federal Communications Commission. Mrs. Lenore G. Ehrig, Counsel, Federal Communications Commission, also entered an appearance for respondent, Federal Communications Commission.

Mr. Lee A. Rau, of the Bar of the Supreme Court of California, pro hac vice by special leave of Court, for respondent, United States of America. Mr. Howard E. Shapiro, Atty., Department of Justice, also entered an appearance for respondent, United States of America.

Mr. Melvin Richter, Washington, D. C., with whom Messrs. Jack Werner, Washington, D. C., Sidney Goldman and Harold L. Talisman, Washington, D. C., were on the brief, for intervenor.

Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and DAVIS, Judge, United States Court of Claims.


DAVIS, Judge:

Western Union filed with the Federal Communications Commission a tariff which became effective January 1, 1970 for a new service called Mailgram which it proposed to offer in cooperation with the Post Office department for a two-year experimental period. United Telegraph Workers, the union which represents all of Western Union's employees in the continental United States,1 petitioned to suspend the tariff. The Commission...

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