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AMERICAN SIGN AND INDICATOR CORP. v. SCHULENBURG

Nos. 12509-12511.

267 F.2d 388 (1959)

AMERICAN SIGN AND INDICATOR CORPORATION, Plaintiff-Appellant, v. Edward J. SCHULENBURG et al., etc., Defendants-Appellees. TIME-O-MATIC, INC., Plaintiff-Appellee, v. AMERICAN SIGN AND INDICATOR CORPORATION, Defendant-Appellant. TIME-O-MATIC, INC., Plaintiff-Appellant, v. AMERICAN SIGN AND INDICATOR CORPORATION, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 9, 1959.

Attorney(s) appearing for the Case

Wilfred S. Stone, Chicago, Ill., Cameron Sherwood, Walla Walla, Wash., Henry S. Wise, Danville, Ill., for American Sign & Indicator.

Charles B. Spangenberg, Chicago, Ill., Donald S. Baldwin, Danville, Ill., Sidney Wallenstein, Chicago, Ill., for Schulenburg, Time-O-Matic.

Before SCHNACKENBERG, HASTINGS, and KNOCH, Circuit Judges.

KNOCH, Circuit Judge.

The following issues were presented to the District Court in this cause:

(1) Was there an oral contract between Williams Brothers, Inc. and Time-O-Matic Company (hereinafter called "TOM Co") whereby the latter was to manufacture and sell exclusively to Williams Brothers, Inc., equipment for displaying time and temperature on a single panel of lights, and whereby Williams Brothers, Inc., was to purchase all equipment for these signs from...

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