Radio Station Wow, Inc. v. Johnson, 326 U.S. 120 (1945)

Radio Station WOW, Inc. v. Johnson

No. 593

Argued March 1, 1945
Decided June 18, 1945
326 U.S. 120

CERTIORARI TO THE SUPREME COURT OF NEBRASKA

Syllabus

1. A state court decree otherwise "final" for purposes of review by this Court is nonetheless so because it orders also an accounting of profits, where such accounting cannot give rise to a federal question. Judicial Code, § 237. P. 127.

2. This Court will not review a state court decision resting on an adequate and independent nonfederal ground, even though the state court may also have summoned to its support an erroneous view of federal law. P. 129.

3. In a decree directing a transfer of the facilities of a federally licensed radio station, the state court exceeded its power in ordering the parties "to do all things necessary" to secure a transfer of the license, since this involved restrictions upon the licensing system which Congress has established. Communications Act, § 307(a). P. 130.

4. Although the State has not been deprived by federal legislation of the practical power to terminate a broadcasting service by a proper adjudication separating the physical property from the license, that power will be amply respected, in the instant case, if it is qualified merely to the extent of requiring the state court to withhold execution of that portion of the decree requiring retransfer of the physical properties until steps are ordered to be taken, with all deliberate speed, to enable the Communications Commission to deal with new applications in connection with the station. P. 132.

5. The question of fraud adjudicated by the state court will no longer be open insofar as it bears upon the reliability as licensee of any of the parties. P. 132.

144 Neb. 406, 14 N.W.2d 666, remanded.

Certiorari, 323 U.S. 705, to review the reversal of a decree dismissing the complaint in a suit to set aside a lease and an assignment of a license of a radio station.