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CITY OF DES MOINES v. LAMPART

No. 49222.

82 N.W.2d 720 (1957)

CITY OF DES MOINES, Appellee, v. Karl LAMPART, Defendant, Mrs. Volney (Marguerite) Diltz, Reuben M. Short, Jessie F. Harlow, Donald Harlow, R. T. Gracey, Lawrence H. Hammond, Homer D. Prowitt, Jesse O. Kinton, and Orville Jones, Appellants.

Supreme Court of Iowa.

Rehearing Denied June 7, 1957.

Attorney(s) appearing for the Case

Volney Diltz, Des Moines, and W. W. Bulman, Chariton, for appellants.

Milton W. Strickler, Corp. Counsel, Anthony T. Renda, City Solicitor, and Dale L. Spencer, Asst. City Solicitor, Des Moines, for appellee.

SMITH, Justice.

Before proceeding to a discussion of the Record in the instant case, we deem a preliminary discussion of the Code, § 362.26, I.C.A., the constitutionality of which is involved, will be helpful. This is especially true because it was materially amended, effective July 4, 1953, by Acts of the 55th General Assembly. The amendment changed what was formerly paragraph 3 of the old section to what is now paragraph 6. The old section had just been held...

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