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NEW ENGLAND TELEPHONE & TELEGRAPH CO. v. UNITED STATES

Civil Action No. 2274.

53 F.Supp. 400 (1943)

NEW ENGLAND TELEPHONE & TELEGRAPH CO. v. UNITED STATES et al.

District Court, D. Massachusetts.

December 17, 1943.

Attorney(s) appearing for the Case

John J. Burns, Harvey Hoshour and T. Baxter Milne, all of Boston, Mass., for New England Telephone & Telegraph Co., plaintiff.

George S. Drew, of Somerville, Mass., for International Brotherhood of Telephone Workers, intervenor petitioner.

Thomas H. Bresnahan, of Boston, Mass., for New England Federation of Telephone Workers, intervenor.

Tom C. Clark, Asst. Atty. Gen., for the United States, defendant.

Charles R. Denny, Gen. Counsel, Benedict P. Cottone, Asst. Gen. Counsel, and Harry M. Plotkin and David C. Adams, all of Washington, D. C., for Federal Communications Commission, defendant.

Gay H. Brown, of Albany, N. Y., for Public Service Commission of State of New York, amicus curiae.

Before MAGRDUER, Circuit Judge, and FORD and HEALEY, District Judges.

MAGRUDER, Circuit Judge.

In this complaint New England Telephone and Telegraph Company seeks a decree against the United States of America and the Federal Communications Commission setting aside a certain order of the Commission relating to the manner of keeping accounts of payments by the plaintiff into a Pension Trust Fund for employees. The complaint also asked for a preliminary restraining order, and interlocutory and permanent injunctions, restraining the enforcement...

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