Northwestern Public Service Co. v. Chicago & North Western Railway Co.

HALL, Circuit Judge.

This is a declaratory judgment suit to determine the rights and obligations of the parties under a license agreement given by defendant railway company to plaintiff Northwestern Public Service Company for the construction of a power line along railway property and deeds thereafter given by defendant railway company to defendant Ellwein covering a portion of the railway property included in the license agreement.

The license agreement entered into by defendant railway company and plaintiff, dated January 26, 1959, covered the property later platted as Ellwein's Outlots…