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CITY OF EMMETSBURG v. CENTRAL IOWA TELEPHONE CO.

No. 49661.

96 N.W.2d 445 (1959)

CITY OF EMMETSBURG, Iowa, Appellant, v. CENTRAL IOWA TELEPHONE CO., Appellee.

Supreme Court of Iowa.

May 5, 1959.

Attorney(s) appearing for the Case

Milton W. H. Morling, Emmetsburg, and Alan Loth, Fort Dodge, for appellant.

Kelly, Spies & Culver, Emmetsburg, and Parrish, Guthrie, Colflesh & O'Brien, Des Moines, for appellee.

THOMPSON, Chief Justice.

Plaintiff's action is in equity. The petition asserts that the defendant's franchise permitting it to occupy the streets and alleys in the plaintiff city and to conduct the business of furnishing telephone service to the city and its residents expired in 1951, and since that time the defendant has been occupying the public streets and alleys without lawful right to do so. It is prayed that the defendant be enjoined from so using and occupying...

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