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WATERTOWN v. DAKOTA, MN & EASTERN R. CO.

Nos. 19421, 19447.

551 N.W.2d 571 (1996)

1996 SD 82

CITY OF WATERTOWN, South Dakota, Plaintiff and Appellee, v. DAKOTA, MINNESOTA & EASTERN RAILROAD COMPANY; and Chicago, Northwestern Transportation Company, Defendants, and Steven T. Horning, P.C., Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 2, 1996.

Attorney(s) appearing for the Case

Vincent A. Foley of Foley Law Office, Watertown, for plaintiff and appellee.

John C. Wiles of Wiles, Rylance & Holgerson, Watertown, for defendant and appellant.

GILBERTSON, Justice.

[¶ 1] Steven T. Horning, P.C. appeals from the circuit court's determination of the City of Watertown's (City's) rights in a declaratory judgment action which addressed a license agreement between City and the Chicago, Northwestern Transportation Co. (CNW). We affirm.

FACTS AND PROCEDURE

[¶ 2] On April 27, 1977, Western Minnesota Municipal Power Agency (Western Minnesota) entered into an agreement entitled the Watertown...

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