John J. Ash, J. A. Peterson and Henry Heuton v. Northern Illinois Gas Company

ENOCH, Circuit Judge.

The plaintiffs-appellants, John J. Ash, J. A. Peterson and Henry Heuton, brought suit in the United States District Court against the defendant-appel-lee, Northern Illinois Gas Company, praying that the District Court declare the rights of the respective parties and issue orders for the protection of such rights.

The defendant, an Illinois public utility, was authorized by the Illinois Commerce Commission to develop an underground natural gas storage reservoir about 1200 feet below the surface and to resort to eminent domain proceedings to acquire certain gas storage…