# McBride v. Western Union Telegraph Co., 78 F. Supp. 446 (S.D. Cal. 1948)

Canonical: https://mobfiles.org/items/courtlistener-mcbride-v-western-union-78-f-supp-446/

District court opinion of 28 June 1948 in a suit by Edward J. McBride, "doing business as Continental Press Service," to restore Western Union's Morse wire after the company cut it off on notice from California officers; the court restored its temporary order pending appeal.

Judge J. F. T. O'Connor's opinion describes the plaintiff as "Edward J. McBride, doing business as Continental Press Service, with principal offices located in Cleveland, Ohio, and other offices located in Chicago, Illinois and New York, New York," sending sporting and racing news to customers over Western Union's interstate Morse wire, for which he paid "$500 per week." Western Union discontinued the service on April 2, 1948. It relied on its leased-facility tariff, F.C.C. No. 219, which reserves the right to discontinue service "when it receives notice from federal or state law enforcing agencies that the service is being supplied contrary to law"; on an order of the California Public Utilities Commission; and on notices from the Kern County district attorney and sheriff and the Bakersfield chief of police that an instrument on the circuit was being used to violate sections 337a and 182 of the California Penal Code.

The plaintiff's own account, which the court quotes, lists Continental's customers as press associations, newspapers, radio stations and scratch sheets, among them Illinois Sports News in Chicago and Daily Sports News in New Orleans, and says general news and non-racing sporting news made up "from thirty to fifty per cent" of what it sent. Its California customer was the Consolidated Publishing Company of Los Angeles, a publisher of scratch sheets.

The opinion records that on May 24, 1948 the court had vacated its temporary restraining order and "denied the request for a preliminary injunction." On McBride's motion for a stay pending appeal, it held that "The temporary Order of this court made April 22, 1948, is restored pending appeal," and fixed bond at $500. The Ninth Circuit's decision on the appeal is [filed separately](/items/courtlistener-mcbride-v-western-union-171-f2d-1/). The Bakersfield street address in the opinion is not copied.

## Sources

- CourtListener (Free Law Project), text of the opinion: https://www.courtlistener.com/opinion/8710434/mcbride-v-western-union-telegraph-co/