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ADLER SIGN LETTER CO. v. WAGNER SIGN SERVICE

Nos. 7043, 7044.

112 F.2d 264 (1940)

ADLER SIGN LETTER CO. et al. v. WAGNER SIGN SERVICE Inc. WAGNER SIGN SERVICE, Inc., v. BEN ADLER SIGNS, Inc., et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 15, 1940.

Attorney(s) appearing for the Case

Max W. Zabel, E. C. Gritzbaugh, Greek Wells, and Edward U. Dithmar, all of Chicago, Ill., for Adler Sign Letter Co.

Albert G. McCaleb and Warren C. Horton, both of Chicago, Ill., for Wagner Sign Service, Inc.

Before SPARKS, MAJOR, and TREANOR, Circuit Judges.

MAJOR, Circuit Judge.

These appeals involve three patents relating to changeable letter silhouette signs such as are used to display the titles of pictures upon the marquees of motion picture theatres. The appeal in No. 7043 involves two suits brought by Wagner Sign Service, Inc. (hereinafter referred to as "Wagner"). The first charges infringement of Wagner's Patent No. 2,048,040, by Adler Sign Letter Company and Ben Adler Signs, Inc. (hereinafter referred to as...

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