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

No. 91 C 0156.

845 F.Supp. 1237 (1994)

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.

February 18, 1994.

Attorney(s) appearing for the Case

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

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

Kelly Raymond Welsh, City of Chicago, Law Dept. Corp. Counsel; Bennett W. Lasko, Mayer, Brown & Platt, Stuart D. Fullerton, Ruth M. Moscovitch, Susan Herdina, Alan Neff, Diane M. Pezanoski, City of Chicago, Law Dept. Corp. Counsel; and Emily Nicklin, Kirkland & Ellis, Chicago, IL, for City of Chicago, Ill.

MEMORANDUM OPINION AND ORDER

HART, District Judge.

Western Union ATS, Inc. and the City of Chicago dispute whether the City can require ATS to pay a franchise fee to the City before permitting it to install fiber optic cable in ducts under City streets.1 The City would not permit ATS to activate the fiber optic network unless it also agreed to pay a franchise fee of approximately three per cent of the network's revenue...

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