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COSTELLO v. McFADDEN

No. 95-1105.

553 N.W.2d 607 (1996)

Patricia COSTELLO, Margaret Costello, Paula Costello and J. Chandler Knapek, Appellees, v. Kevin McFADDEN, Appellant, and Weldon Roberts and Big Sandy Oil, Inc., Defendants.

Supreme Court of Iowa.

September 18, 1996.

Attorney(s) appearing for the Case

Stephen H. Small, Fairfield, and Carl Michael Joerger, Newport Beach, CA, for appellant.

Jay B. Marcus of Marcus, Courtade & Thompson, P.C., Fairfield, and John Courtade of John Courtade, P.C., Austin, TX, for appellees.

Considered by McGIVERIN, C.J., and CARTER, LAVORATO, SNELL, and ANDREASEN, JJ.

LAVORATO, Justice.

The district court denied the defendant's motion to vacate judgment against him. The court also denied the plaintiffs' request for attorney fees. The defendant appealed and the plaintiffs cross-appealed. We affirm on the appeal and the cross-appeal.

I. Background Facts.

In April 1991 Kevin McFadden approached the plaintiffs to solicit their investment in an oil well drilling operation conducted by Big Sandy Oil, Inc., a...

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