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McGRATH BUILDING COMPANY v. CITY OF BETTENDORF

No. 49317.

85 N.W.2d 616 (1957)

McGRATH BUILDING COMPANY, Inc., a corporation, Plaintiff-Appellee, v. The CITY OF BETTENDORF, Iowa, Defendant, Cross-Petitioner and Appellant, E. J. Pierce, Jr., doing business as Acme Construction Company, Davenport Water Company, Inc., a Delaware corporation, and Iowa-Illinois Gas and Electric Company, an Illinois corporation, Cross-Defendants and Appellees.

Supreme Court of Iowa.

October 15, 1957.

Attorney(s) appearing for the Case

McDonald & McCracken, Davenport, and Albert J. Stafne, Jr., Bettendorf, for appellant.

Betty, Neuman, Heninger, Van Der Kamp & McMahon, Davenport, for plaintiff-appellee.

Lambach, Kopf, Stevenson & Christiansen, Davenport, for cross-defendants and appellees E. J. Pierce, Jr., d/b/a Acme Const. Co. and Davenport Water Co. Inc., a Delaware corporation.

Lane & Waterman, Davenport, for cross-defendant and appellee Iowa-Illinois Gas & Electric Co., an Illinois corporation.

THOMPSON, Justice.

This case comes to us upon an appeal from an order before final judgment, leave to appeal having been granted. It concerns rulings of the trial court which struck from defendant's answer three affirmative defenses, and so we have before us only the pleadings of the respective parties, with the court's orders upon the plaintiff's motions to strike.

The case as made by plaintiff's petition is that on October 18, 1956, the plaintiff was the...

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