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STATE v. PATTERSON

No. 48721.

70 N.W.2d 838 (1955)

STATE of Iowa ex rel. William J. PIEPER, Appellant, v. William PATTERSON, John G. Schroeder and Frank K. Rogers, as members of the Board of Trustees of Green Bay Levee and Drainage District No. 2 of Lee County, Iowa, and Ray B. Menke, W. G. Hawkins, William Heinold, and Clarence Graf, members of the Board of Supervisors of Lee County, Iowa, Appellees.

Supreme Court of Iowa.

June 7, 1955.

Attorney(s) appearing for the Case

Hicklin & Hicklin, Wapello, and Poor, Fischer, Cray & Walter, Burlington, for appellant.

Robert N. Johnson, Fort Madison, County Attorney for Lee County, and attorney for the Board of Supervisors of Lee County.

J. Francis Phelan, Fort Madison, for appellee Ray B. Menke and appellees William Patterson, John G. Schroeder and Frank K. Rogers, members of the Board of Trustees of Green Bay Drainage District No. 2, Lee County, Iowa.

GARFIELD, Justice.

The action is in the nature of quo warranto on the relation of William J. Pieper to test the legality of defendant Ray B. Menke's claim to the office of trustee representing election district No. 1 of Green Bay Levee & Drainage District No. 2 of Lee County. 58 I.C.A. Rules 299 to 305, Rules of Civil Procedure, provide for such an action. Leave of court to bring the action was granted Pieper under rule 300, the county attoney and attorney general...

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