WESTERN U. INTERN., INC. v. F. C. C.

Nos. 564 to 566, Dockets 77-4183, 77-4184 and 77-4191.

568 F.2d 1012 (1977)

WESTERN UNION INTERNATIONAL, INC., RCA Global Communications, Inc., and ITT World Communications Inc., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION, United States of America, and American Telephone and Telegraph Company, Respondents, and American Telephone and Telegraph Company and TRT Telecommunications Corporation, Intervenors.

United States Court of Appeals, Second Circuit.

Decided December 21, 1977.


Attorney(s) appearing for the Case

Alvin K. Hellerstein, New York City (Alan Kolod and Stroock & Stroock & Lavan, New York City, Robert E. Conn, Marc N. Epstein of Western Union International, Inc., New York City, of counsel), for petitioner Western Union International, Inc.

H. Richard Schumacher, New York City (John A. Shutkin and Cahill, Gordon & Reindel, New York City, Frances J. DeRosa, Charles M. Lehrhaupt of RCA Global Communications, Inc., New York City, of counsel), for petitioner RCA Global Communications, Inc.

Grant S. Lewis, New York City (John S. Kinzey, Jr. and LeBoeuf, Lamb, Leiby & MacRae, New York City, Howard A. White, Joseph J. Jacobs, Randall B. Lowe of ITT World Communications Inc., New York City, of counsel), for petitioner ITT World Communications Inc.

Jack David Smith, Washington, D. C. (F. C. C., Robert R. Bruce, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and U. S. Dept. of Justice, Washington, D. C., John H. Shenefield, Asst. Atty. Gen., Barry Grossman, Andrea Limmer, Washington, D. C., of counsel), for respondents Federal Communications Commission and United States of America.

James S. Golden, Bedminster, N. J. (Edgar Mayfield, Robert E. Boone, Bedminster, N. J., and Alfred C. Patroll, Gerald E. Murray, New York City, of counsel), for respondent-intervenor American Telephone and Telegraph Co.

Roderick A. Mette, Washington, D. C., for intervenor TRT Telecommunications Corp.

Before KAUFMAN, Chief Judge, MESKILL, Circuit Judge, and BARTELS, District Judge.


IRVING R. KAUFMAN, Chief Judge:

Just over a century ago, Alexander Graham Bell marked the beginning of a new era with the invention of the telephone. Little did he know that successive generations would treat his "creation" as but the simplest building block in a communications system of extraordinary complexity. We are asked, on this appeal, to unravel some of these intricacies in applying the mandate of § 202(a) of the Communications Act that there be no unjust...

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