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EX-CELL-O CORPORATION v. CITY OF CHICAGO

Nos. 7237, 7334.

115 F.2d 627 (1940)

EX-CELL-O CORPORATION v. CITY OF CHICAGO et al. AMERICAN CAN CO. v. SAME.

Circuit Court of Appeals, Seventh Circuit.

November 14, 1940.

Attorney(s) appearing for the Case

Owen Rall, of Chicago, Ill., for appellant Ex-Cell-O Corp.

Andrew D. Collins, of Chicago, Ill., for appellant American Can Co.

Barnett Hodes, Corp. Counsel, Walter V. Schaefer and Chas. P. Horan, Assts. Corp. Counsel, and Alfred Kamin, all of Chicago, Ill., for appellees.

Before EVANS and TREANOR, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

In 7237 plaintiff is a manufacturer of patented machines for the production of paper milk bottles. It licenses certain milk distributors in Chicago to make and sell such bottles and collects valuable license fees therefor dependent upon the number of bottles made and sold. In 7334, plaintiff is a manufacturer of similar bottles which it sells for profit to dairy companies in Chicago. In each complaint, plaintiff sought to obtain a declaratory...

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