NORTHWESTERN PUB. SERV. CO. v. CHICAGO & N. W. RY. CO.

Nos. 10547, 10563.

170 N.W.2d 351 (1969)

NORTHWESTERN PUBLIC SERVICE COMPANY, a Corporation, Plaintiff and Appellant, v. CHICAGO AND NORTH WESTERN RAILWAY COMPANY, a Corporation, Defendant and Appellant, and Fred E. Ellwein, Defendant and Respondent.

Supreme Court of South Dakota.

Rehearing Denied October 8, 1969.


Attorney(s) appearing for the Case

William S. Churchill, of Churchill, Sauer, Manolis & Hoyt, Huron, for plaintiff and appellant.

A. D. Sommervold, of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellant.

Ross H. Oviatt, of Loucks, Oviatt, Bradshaw & Green, Watertown, for defendant and respondent.


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...

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