Felix Frankfurter

“ Louisiana, 233 U.S. 362, 34 S.Ct. 627, 58 L.Ed. 1001, found the requirement of finality to be satisfied by judgments the characteristics of which cannot be distinguished from those presented by the Nebraska decree. In short, the rationale of those cases is that a judgment directing immediate delivery of physical property is reviewable and is to be deemed dissociated from a provision for an accounting even though that is decreed in the same order. ”

“ Therefore, as we have concluded, the State has not been deprived by federal legislation of the practical power to terminate the broadcastin service by a proper adjudication separating the physical property from the license. We think that State power is amply respected if it is qualified merely to the extent of requiring it to withhold execution of that portion of its decree requiring retransfer of the physical properties until steps are ordered to be taken, with all deliberate speed, to enable the Commission to deal with new applications in connection with the station. ”

“ We have no doubt of the power of the Nebraska court to adjudicate, and conclusively, the claim of fraud in the transfer of the station by the Society to WOW and upon finding fraud to direct a reconveyance of the lease to the Society. And this, even though the property consists of licensed facilities and the Society chooses not to apply for retransfer of the radio license to it, or the Commission, upon such application, refuses the retransfer. ”

“ One of the petitioners, Radio Station WOW, Inc., seeks to avoid the force of this rule by suggesting that its answer did not make the concession as to the limited jurisdiction of the Federal Communications Commission upon which the Nebraska court relied. But it is not for us to consider the correctness of the non-federal ground unless it is an obvious subterfuge to evade consideration of a federal issue. ”

“ The presupposition in allowing such review is that the federal questions that could come here have been adjudicated by the State court and that the accounting which remains to be taken could not remotely give rise to a federal question. Of course, where the remaining litigation may raise other federal questions that may later come here, such as is true of eminent domain cases, see Grays Harbor Co. ”

“ In all other respects, the whole of the matters brought into controversy by the bill are finally disposed of as to all of the defendants.' 6 How. 201, 203, 204, 12 L.Ed. 404. It was suggested that if appellants had to wait, they would be subjected to irremediable injury, for execution had been awarded. ”