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BAIRD v. WEBSTER CITY

No. 51248.

130 N.W.2d 432 (1964)

Ray BAIRD, Gardner Naden, Larry Niebergall, Harold Leisey, W. E. Burgin and William H. Yungglas, Appellees, v. WEBSTER CITY, Iowa, J. P. Laughlin, Ivan Hargrave, Rue Shelton, Clifford Mickelson, Alberta Pappas, Councilmen, and Geo. B. Aden, City Treasurer, Appellants, and Northern Natural Gas Company, Appellee.

Supreme Court of Iowa.

September 22, 1964.

Attorney(s) appearing for the Case

M. Gene Blackburn, City Atty., Webster City, and Alan Loth, Fort Dodge, for appellants.

Burnquist, Burnquist & McCormick, Fort Dodge, for plaintiffs-appellees.

Hemingway & Hemingway, Webster City, for Northern Natural Gas Co., appellee.

THORNTON, Justice.

Plaintiffs are taxpayers and consumers of natural gas in Webster City and bring this action for themselves and others similarly situated. Defendant Northern Natural Gas Company, hereinafter referred to as the utility, retails natural gas in Webster City. Defendant city, its council and treasurer will be referred to as the city.

In 1920 a gas works was established in Webster City by a vote of the people. In 1944 pursuant to a vote of the...

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