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WESTERN UNION TELEGRAPH CO. v. GRAPHIC SCANNING CORP.

No. 72 Civ. 3952.

360 F.Supp. 593 (1973)

The WESTERN UNION TELEGRAPH COMPANY, Plaintiff, v. GRAPHIC SCANNING CORPORATION, Defendant.

United States District Court, S. D. New York.

June 26, 1973.

Attorney(s) appearing for the Case

Ernest Walton and David H. Lubetzky, Washington, D. C., for plaintiff; Richard C. Hostetler, New York City, of counsel.

Paul, Weiss, Rifkind, Wharton & Garrison by Robert L. Laufer, New York City, for defendant.

CANNELLA, District Judge.

The defendant's motion to dismiss the complaint, made pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, is granted.

This action is brought under the jurisdictional provisions of 28 U.S.C. § 1337 and 47 U.S.C. § 214 and declaratory and injunctive relief is sought to compel the defendant to meet the requirements of the Federal Communications Act of 1934. The plaintiff provides a wide variety of communications...

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