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YOST v. CITY OF COUNCIL BLUFFS

No. 90-87.

471 N.W.2d 836 (1991)

Rodney L. YOST d/b/a Yost Construction, Appellant, v. CITY OF COUNCIL BLUFFS, Iowa, Appellee.

Supreme Court of Iowa.

June 19, 1991.

Attorney(s) appearing for the Case

F.E. Ebersold of Smith, Peterson, Beckman & Willson, Council Bluffs, for appellant.

Robert L. O'Brien, Asst. City Atty., Council Bluffs, for appellee.

Considered by McGIVERIN, C.J., and LARSON, LAVORATO, NEUMAN, and SNELL, JJ.

SNELL, Justice.

This appeal by plaintiff, Rodney L. Yost d/b/a Yost Construction, is from a district court decision denying Yost's claim that the City of Council Bluffs breached its contract with him for the disposal of tree debris. The question is whether the district court erred in dismissing Yost's petition on the ground that the City was legally excused from performing the contract. We conclude that it did, and therefore reverse the district court's order and...

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