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YELLOW CAB TRANS. CO. v. LOUISVILLE TAXICAB & TR. CO.

No. 9853.

147 F.2d 407 (1945)

YELLOW CAB TRANSIT COMPANY v. LOUISVILLE TAXICAB & TRANSFER COMPANY.

Circuit Court of Appeals, Sixth Circuit.

February 8, 1945.

Attorney(s) appearing for the Case

Duke Duvall, of Oklahoma City, Okl. (Duke Duvall and Dudley, Duvall & Dudley, all of Oklahoma City, Okl., on the brief), for appellant.

Oldham Clarke, of Louisville, Ky. (Oldham Clarke and Henry E. McElwain, Jr., both of Louisville, Ky., on the brief), for appellee.

Before HAMILTON, MARTIN, and McALLISTER, Circuit Judges.

MARTIN, Circuit Judge.

A quarter century ago an enterprising Chicagoan, John Hertz, imported from European travel the notion of painting taxicabs yellow. From Chicago this yellow-coloring custom spread nationwide until these bright colored taxicabs now flash daily to and fro on the streets of all American cities of significant size. The yellow coloring of motor vehicles has brought about the present litigation.

Yellow...

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