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DIGINET, INC. v. WESTERN UNION ATS, INC.

No. 91 C 0156.

845 F.Supp. 1234 (1993)

DIGINET, INC., Plaintiff, v. WESTERN UNION ATS, INC., a Delaware corporation, and City of Chicago, Defendants. CITY OF CHICAGO, an Illinois municipal corporation, Cross-Claimant, v. WESTERN UNION ATS, INC., a Delaware corporation, Cross-Defendant.

United States District Court, N.D. Illinois, E.D.

December 16, 1993.

Attorney(s) appearing for the Case

Jacob J. Meister, Lavin & Waldon, P.C., Don R. Sampen, Martin, Craig, Chester & Sonnenschein, Chicago, IL, for plaintiff.

Thomas F. Geselbracht, John E. Mitchell, Rudnick & Wolfe, Chicago, IL, Patricia N. Young, MCI Communications Corp., Washington, DC, for Western Union ATS, Inc.

Kelly Raymond Welsh, Bennett W. Lasko, Stuart D. Fullerton, Ruth M. Moscovitch, City of Chicago, Law Dept., Corp. Counsel, Emily Nicklin, Kirkland & Ellis, Chicago, IL, for City of Chicago, Ill.

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...

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