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BERGER v. IOWA FINANCE AUTH.

No. 97-1696.

593 N.W.2d 136 (1999)

Raymond D. BERGER and Dennis M. Buchmeyer, Appellants, v. IOWA FINANCE AUTHORITY, Title Guaranty Division, Appellee.

Supreme Court of Iowa.

April 28, 1999.

Attorney(s) appearing for the Case

Richard A. Davidson of Lane & Waterman, Davenport, for appellants.

Stanley J. Thompson and Sharon K. Malheiro of Davis, Brown, Koehn, Shors & Roberts, P.C., Des Moines, for appellee.

Considered en banc.

NEUMAN, Justice.

This appeal concerns the Iowa Title Guaranty Program and, in particular, that portion of Iowa Code section 16.91(5) (1997) which exempts "participating" attorneys from the forty-year title plant (or "tract index") requirement imposed upon abstractors. The question is whether the court, on judicial review from agency action by the Iowa Finance Authority, correctly determined that the exemption is limited to the county where an attorney performed abstracting...

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