Diginet, Inc. v. Western Union ATS, Inc.

MEMORANDUM OPINION AND ORDER

HART, District Judge.

I

Introduction

Diginet, Incorporated, the lessee of fiber optic circuits operated in the City of Chicago by defendant and cross-defendant Western Union ATS, Inc. (“ATS”), brought this diversity action for a declaration of its rights. It also named the City of Chicago as a defendant. Fiber optic cables of ATS are located under the streets of the City. The City had notified Diginet that ATS had no authority to lease fiber optic cables because it had no franchise from the City. No franchise had been granted because ATS disputed the City’s demanded…