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NEW YORK TELEPHONE CO. v. UNITED STATES

56 F.Supp. 932 (1944)

NEW YORK TELEPHONE CO. v. UNITED STATES et al.

District Court, S. D. New York.

August 24, 1944.

Attorney(s) appearing for the Case

Ralph W. Brown, Frank A. Fritz, and Henry J. Friendly, all of New York City, for New York Telephone Co.

James B. M. McNally, of New York City, for the United States.

Charles R. Denny, General Counsel, of Washington, D. C., for Federal Communications Commission.

Before SWAN, Circuit Judge, and CLANCY and BRIGHT, District Judges.

BRIGHT, District Judge.

Defendants move for summary judgment on the ground that there is no genuine issue of fact. Plaintiff asks, at this time, no affirmative relief.

Jurisdiction is not questioned, and is established by Section 402(a) of the Commissions Act of 1934, 48 Stat. 1064, 1093, 47 U.S.C.A. § 402(a), and by the Urgent Deficiencies Appropriation Act, 38 Stat. 219, 28 U.S.C.A. § 41(28) and Sections 46 and 48.

The action is brought...

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