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

No. 91 C 0156.

759 F.Supp. 1285 (1991)

DIGINET, INC., a Nevada, corporation, 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 27, 1991.

Attorney(s) appearing for the Case

Dan R. Sampen, Jacob J. Meister, Martin, Craig, Chester & Sonnenschein, Chicago, Ill., for Diginet, Inc.

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

Stuart D. Fullerton, Ruth M. Moscovitch, Emily Nicklin, Kelly Raymond Welsh, Bennett W. Lasko, City of Chicago, Law Dept., Chicago, Ill., for City of Chicago.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND INJUNCTION ORDER

HART, District Judge.

This matter is before the court on the motion of defendant and cross-plaintiff City of Chicago's ("the City") motion for a preliminary injunction to enjoin the defendant Western Union ATS, Inc. ("ATS") from expanding its existing fiber optic network under the streets of Chicago. A hearing was held on the motion at which the parties to the motion submitted documentary evidence...

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