WESTERN U. INTERN., INC. v. F. C. C.

Nos. 78-1697, 78-2024.

652 F.2d 136 (1980)

WESTERN UNION INTERNATIONAL, INC., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Western Union Telegraph Company, TRT Telecommunications Corporation, RCA Global Communications, Intervenors. The WESTERN UNION TELEGRAPH COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, TRT Telecommunications Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 18, 1980.


Attorney(s) appearing for the Case

H. Richard Juhnke, with whom Joel Yohalem, Jack Werner, and Melvin Richter, Washington, D.C., were on brief, for The Western Union Telegraph Company, petitioner in No. 78-2024 and intervenor in No. 78-1697.

Alvin K. Hellerstein, New York City, with whom Michael H. Mobbs, Robert E. Conn, and Robert Michelson, New York City, were on brief, for Western Union International, Inc., petitioner in No. 78-1697. John M. Gibbons, Washington, D.C., also entered an appearance for Western Union International, Inc.

E. Edward Bruce, Washington, D.C., with whom William P. Mayer, Washington, D.C., was on brief, for intervenor TRT Telecommunications Corp. William P. Skinner, Washington, D.C., also entered an appearance for intervenor TRT Telecommunications Corp.

Alan Y. Naftalin and Gregory C. Staple, Washington, D.C., were on brief, for intervenor RCA Global Communications, Inc., in No. 78-2024. William F. Taylor, Wilmington, Del., also entered an appearance for intervenor RCA Global Communications, Inc.

John E. Ingle, Asst. Gen. Counsel, F.C.C., Washington, D.C., with whom Robert R. Bruce, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Washington, D.C., were on brief, for respondents. C. Grey Pash, Jr., Counsel, F.C.C., and Barry Grossman and Ron M. Landsman, Attys., U.S. Dept. of Justice, Washington, D.C., also entered appearances for respondents.

Before TAMM, ROBB and MIKVA, Circuit Judges.


Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

In these consolidated appeals Western Union Telegraph Co. (WU) and Western Union International, Inc. (WUInt) challenge orders1 by the Federal Communications Commission (Commission) regarding a 1977 tariff filing by WU for services it renders in the provision of international telex and TWX service. In its order of May 25, 1978, the Commission rejected those...

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