City of Emmetsburg v. Central Iowa Telephone Co.

Plaintiff’s action is in equity. The petition asserts that the defendant’s franchise permitting it to occupy the streets and alleys in the plaintiff-city and to conduct the business of furnishing telephone service to the city and its residents expired in 1951, and since that time the defendant has been occupying the public streets and alleys without lawful right to do so. It is prayed that the defendant be enjoined from so using and occupying the streets and alleys, that a declaratory judgment be entered holding that it has no right so to do, and for a mandatory injunction commanding it to…