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MOSER v. COUNTY OF BLACK

No. 65023.

300 N.W.2d 150 (1981)

Stanley Carl MOSER, Appellant, v. COUNTY OF BLACK HAWK, Appellee.

Supreme Court of Iowa.

January 14, 1981.

Attorney(s) appearing for the Case

Robert A. Himschoot of Himschoot Law Office, Dysart, for appellant.

James R. Hellman and David L. Fenchel of Mosier, Thomas, Beatty, Dutton, Braun & Staack, Waterloo, for appellee.

Considered by REYNOLDSON, C. J., and UHLENHOPP, HARRIS, ALLBEE, and McGIVERIN, JJ.

REYNOLDSON, Chief Justice.

Plaintiff was charged with larceny in Black Hawk County. The trial information was dismissed when a key witness would not testify in accordance with his minute of testimony. Plaintiff then brought this malicious prosecution action against the defendant county. Trial court sustained the county's motion for summary judgment. Plaintiff appeals and we affirm in part, reverse in part, and remand.

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