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MARSEILLES HYDRO POWER v. MARSEILLES LAND & WATER

No. 01-1238.

299 F.3d 643 (2002)

MARSEILLES HYDRO POWER, LLC, Plaintiff-Appellee, v. MARSEILLES LAND AND WATER COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 5, 2002.

Attorney(s) appearing for the Case

Leonard S. Shifflett (argued), Quarles & Brady, Chicago, IL, for Plaintiff-Appellee.

Fred R. Harbecke (argued), Chicago, IL, for Defendant-Appellant.

BEFORE: POSNER, RIPPLE, and DIANE P. WOOD, Circuit Judges.

POSNER, Circuit Judge.

The plaintiff ("the power company") owns a disused hydroelectric plant built in 1912. When functional the plant was powered by water from a canal, owned by the defendant ("the canal company"), that connects the plant to the Illinois River. A contract between the parties' predecessors required the owner of the plant to pay rent to the owner of the canal and required the latter to keep the canal in good repair. The requirement had no practical...

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