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MISTER SOFTEE OF ILLINOIS v. CITY OF CHICAGO

Gen. No. 49,023.

42 Ill. App.2d 414 (1963)

192 N.E.2d 424

Mister Softee of Illinois, Inc., etc., et al., Plaintiffs-Appellees, v. City of Chicago, a Municipal Corporation, et al., Defendants-Appellants.

Appellate Court of Illinois — First District, Second Division.

May 29, 1963.

Attorney(s) appearing for the Case

John C. Melaniphy, Corporation Counsel, of Chicago (Sydney R. Drebin and Allen Hartman, Assistant Corporation Counsel, of counsel), for appellants.

Rothschild, Hart, Stevens & Barry, of Chicago (Ira S. Kolb, of Schwartz & Cooper, of Chicago, Associate Counsel, of counsel), for appellees.

MR. JUSTICE BURKE delivered the opinion of the court:

Plaintiffs are in the business of dispensing soft ice cream by trucks on the streets throughout the City of Chicago. As a means of attracting the attention of prospective customers to their approach, each truck owned by one of the plaintiffs, Mister Softee of Illinois, Inc., is equipped with an electrically operated sound device which plays a jingle entitled "Here comes Mister Softee." An ordinance of the City...

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