CITY MESSENGER OF HOLLYWOOD v. CITY BONDED MESS. SERV.

No. 12046.

254 F.2d 531 (1958)

CITY MESSENGER OF HOLLYWOOD, Inc., a California corporation, doing business under the trade-name of City Messenger Air Express, Plaintiff-Appellant, v. CITY BONDED MESSENGER SERVICE, Inc., by change of name from City Bonded Messenger and Trucking Service, Inc., an Illinois corporation, City Bonded Trucking Company, Inc., an Illinois corporation, The Illinois Bell Telephone Company, an Illinois corporation, and the Reuben H. Donnelley Corporation, an Illinois corporation, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 22, 1958.


Attorney(s) appearing for the Case

Harry G. Fins, Normand A. Cohen, Chicago, Ill., for appellant.

Eli Mullin, James E. S. Baker, Chicago, Ill., for appellee.

Before DUFFY, Chief Judge, and FINNEGAN and HASTINGS, Circuit Judges.


DUFFY, Chief Judge.

Asserting jurisdiction by reason of diversity of citizenship, plaintiff filed a complaint in the District Court for the Northern District of Illinois, alleging unfair competition. After answer, certain defendants filed a counterclaim which eventually contained four counts. Each count was filed on a different date.

Count I of the counterclaim filed June 28, 1955, alleged unfair competition. Count II alleged fraud and deceit, and was filed...

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