Chicago & North Western Railway Company, a Corporation v. Chicago, Milwaukee, St. Paul and Pacific Railroad Company, a Corporation

PELL, Circuit Judge.

In 1932, the Chicago, Milwaukee, St. Paul and Pacific Railway (the Milwaukee) and the Chicago & North Western Railway (North Western) 1 entered into an agreement granting the Milwaukee the right to use jointly with North Western a certain section of main line track owned by North Western. In 1971, North Western attempted to ter- mínate the agreement. When the Milwaukee rejected the notice of termination, North Western instituted the present action seeking, inter alia, that the Milwaukee be enjoined from using the line and that plaintiff have judgment for $1,250 per day for…