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WHITMORE v. BUREAU OF REVENUE OF STATE OF N. M.

Civil Actions Nos. 952-954, 960.

64 F.Supp. 911 (1946)

WHITMORE v. BUREAU OF REVENUE OF STATE OF NEW MEXICO et al. KGFL, Inc., v. SAME. SOUTHWEST BROADCASTERS, Inc., v. SAME. HOUCK et al. v. SAME.

District Court, D. New Mexico.

March 18, 1946.

Attorney(s) appearing for the Case

Frazier & Quantius, of Roswell, N. M., and Dorothy Ann Kinney, of Amarillo, Tex., for plaintiffs.

C. C. McCulloh, Atty. Gen., of New Mexico, and Harry L. Bigbee, and Thos. C. McCarty, Asst. Atty. Gen., for defendant.

John Morgan Davis, of Philadelphia, Pa., Milton J. Kibler, of Alexandria, Va., and Mechem & Hannett, of Albuquerque, N. M., amici curiae.

Before BRATTON and MURRAH, Circuit Judges, and NEBLETT, District Judge.

BRATTON, Circuit Judge.

Article 1, section 8, of the Constitution of the United States, empowers Congress to regulate interstate and foreign commerce. Section 301 of the Communications Act of 1934, 48 Stat. 1064, as amended, 50 Stat. 189, 47 U.S.C.A. § 151 et seq., declares that it is the purpose of the Act, among other things, to maintain the control of the United States over all channels of interstate and foreign...

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