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CITY OF AMES v. OLSON

No. 50621.

114 N.W.2d 904 (1962)

CITY OF AMES, Iowa, a Municipal Corporation, Plaintiff-Appellee, v. Sigfred OLSON et al., Defendants, Robert W. Williams et al., Defendants-Appellants.

Supreme Court of Iowa.

May 8, 1962.

Attorney(s) appearing for the Case

Don C. Swanson, M. A. Iverson and F. H. Forrest, Des Moines, for defendants-appellants.

Rex B. Gilchrist, Ames, for plaintiff-appellee.

Mahoney, Jordan, Statton & Smith, Boone, Wisdom, Sullivan & Golden, Don C. Swanson, M. A. Iverson and F. H. Forrest and Evan Hultman, Atty. Gen., Des Moines, Joseph H. Buchanan, Clark & Clark, C. J. Lyman, Asst. Atty. Gen., Iowa State Highway Commission, and Max H. Buck, Iowa State Highway Commission, Ames, for defendants-appellees.

Forrest Milliken, pro se.

SNELL, Justice.

The city of Ames, a municipal corporation, brought this action in equity under the provisions of section 362.26, Code of Iowa, I.C.A., as the fourth statutory step for annexation of unincorporated territory adjoining the city. Certain defendants filed special appearance challenging the jurisdiction of the court to hear and determine any issues as tendered by plaintiff. The special appearance was overruled. This appeal is taken as a matter of right...

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