EASTMAN v. YELLOW CAB CO.

No. 9607.

173 F.2d 874 (1949)

EASTMAN et al. v. YELLOW CAB CO. et al.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 25, 1949.


Attorney(s) appearing for the Case

Sanford Wolff, Richard Wolff and Merwyn E. Cedar, all of Chicago, Ill. (Riskind & Wolff, of Chicago, Ill., of counsel), for appellants.

Philip E. Ringer, M. Lester Reinwald, Morris Sostrin, Julius Jesmer (of Jesmer & Jesmer), Weymouth Kirkland, Howard Ellis and John M. O'Connor, Jr. (of Kirkland, Fleming, Green, Martin & Ellis), all of Chicago, Ill., for appellees Yellow Cab Co., Chicago Yellow Cab Co., Inc., Parmelee Transp. Co. and Checker Taxi Co.

Benjamin S. Adamowski, of Chicago, Ill. (Joseph F. Grossman, First Asst. Corporation Counsel, and L. Louis Karton, Head of Appeals and Review Division, Asst. Corporation Counsel, both of Chicago, Ill., of counsel), for appellees City of Chicago, Edward J. Gorman and John C. Prendergast.

Before KERNER and DUFFY, Circuit Judges and BRIGGLE, District Judge.


DUFFY, Circuit Judge.

This is an appeal from an order of the district court dismissing the complaint before trial. Nine defendants are named, but Yellow Cab Company, Checker Taxi Company, Parmelee Transportation Company, and the city of Chicago and two officials thereof are the principal defendants. The cab and transportation companies will be referred to as "Yellow," "Checker," and "Parmelee," respectively.

The complaint and amendments herein are unduly prolix...

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