IOWA DEPT. OF TRANSP. v. READ

No. 59924.

262 N.W.2d 533 (1978)

IOWA DEPARTMENT OF TRANSPORTATION, Appellant, v. Lawrence F. READ and Thelma M. Read, Gerald Kraus and Donna J. Kraus, Appellees.

Supreme Court of Iowa.

Rehearing Denied March 16, 1978.


Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., Asher E. Schroeder, Special Asst. Atty. Gen. and Franklin W. Sauer, Asst. Atty. Gen., for appellant.

Sutton & Nielsen, P. C., Des Moines, and Ed Skinner, Altoona, for appellees.

Heard by MOORE, C. J., and LeGRAND, REES, UHLENHOPP and McCORMICK, JJ.


REES, Justice.

This is an appeal by the Iowa Department of Transportation, the successor to the Iowa State Highway Commission, from an order and ruling of the trial court sustaining defendants' motion for summary judgment. As the result of our conclusion that there was a factual dispute involving a material issue in the case, we reverse and remand for further proceedings.

We set out the chronology of events leading to this appeal in order to provide a backdrop...

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