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UNITED STATES v. AMERICAN SOCIETY OF COMPOSERS, AUTH. & PUB.

No. 317, Docket 28086.

317 F.2d 90 (1963)

UNITED STATES of America, Plaintiff, v. AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, Defendant-Appellee. Application of SHENANDOAH VALLEY BROADCASTING, INC., et al., Petitioners-Appellants, for the Determination of Reasonable License Fees.

United States Court of Appeals Second Circuit.

Decided May 7, 1963.

Attorney(s) appearing for the Case

Walter R. Mansfield, New York City, (Donovan, Leisure, Newton & Irvine, New York City, Ralstone R. Irvine and Helmut F. Furth, New York City, of counsel), for petitioners-appellants.

Arthur H. Dean, New York City, (William Piel, Jr., Herman Finkelstein, New York City, Lloyd N. Cutler, (Wilmer, Cutler & Pickering), Washington, D. C., and Frederick A. Terry, Jr., New York City (Sullivan & Cromwell), New York City, of counsel), for respondent-appellee.

Joel E. Hoffman, Washington, D. C., (Lee Loevinger, Asst. Atty. Gen., Robert B. Hummel, Atty.), for the United States.

Before MOORE, FRIENDLY and HAYS, Circuit Judges.

FRIENDLY, Circuit Judge.

On March 14, 1950, the District Court for the Southern District of New York entered an amended consent decree in an action brought by the United States against the American Society of Composers, Authors and Publishers (ASCAP) under the Sherman Act.1 The decree provided, inter alia, that ASCAP must "grant to any user making written application therefor a non-exclusive license to perform all of the compositions...

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