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SOUTHWESTERN BELL TELEPHONE CO. v. UNITED STATES

No. 966.

45 F.Supp. 403 (1942)

SOUTHWESTERN BELL TELEPHONE CO. v. UNITED STATES et al.

District Court, W. D. Missouri, W. D.

May 28, 1942.

Attorney(s) appearing for the Case

S. L. Harris, of Kansas City, and John Mohler and E. W. Clausen, both of St. Louis, Mo., for plaintiff.

Thurman Arnold, Asst. Atty. Gen., and J. C. Wilson, Sp. Asst. to Atty. Gen., Maurice M. Milligan, U. S. Atty., and Richard K. Phelps, and Thomas A. Costolow, Asst. U. S. Attys., all of Kansas City, Mo., for defendant United States.

Telford Taylor, General Counsel, of Washington, D. C. (Thomas E. Harris, Harry M. Plotkin, Daniel W. Meyer, and Benedict P. Cottone, all of Washington, D. C., of counsel), for defendant Federal Communications Commission.

Before RIDDICK, Circuit Judge, REEVES and OTIS, District Judges.

PER CURIAM.

The only question for decision in this case is whether the Federal Communications Commission has jurisdiction to regulate interstate interzone message rates in the Kansas City District Exchange Area of the plaintiff.

By an order dated May 28, 1941, the Commission claimed and asserted such jurisdiction. Thereupon the plaintiff brought this suit to enjoin the Commission from the exercise of its claimed jurisdiction. The facts are admitted, and it...

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