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IOWA STATE HIGHWAY COMMISSION v. SMITH

No. 49186.

82 N.W.2d 755 (1957)

IOWA STATE HIGHWAY COMMISSION, Appellant, v. William H. SMITH, Patricia Smith, and City of Des Moines, Iowa, Appellees.

Supreme Court of Iowa.

May 7, 1957.

Attorney(s) appearing for the Case

Norman A. Erbe, Atty. Gen., and Mitchell & Beving, Des Moines, for appellant.

Milton W. Strickler, Anthony T. Renda, and Leo S. Ballard, Des Moines, for appellee City of Des Moines.

Hansen, Wheatcraft & Galvin, and Don C. Swanson, Des Moines, for appellees William H. Smith and Patricia Smith.

GARFIELD, Justice.

This is an action by the Iowa Highway Commission (herein called the commission) against husband and wife (herein called defendants), owners of properties abutting a controlled-access highway, and the city of Des Moines (herein called the city) for declaratory judgment under rules 261-269, Rules of Civil Procedure, 58 I.C.A. The declaration sought is that limitations established by the commission and city...

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