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FERGUSON v. BRICK

No. 49198.

82 N.W.2d 849 (1957)

John FERGUSON, Helena M. Meston, Maurice S. Dart, James W. Balko, Esther M. Snorf, James C. Glenn, Sr., Clara C. Case, Helmut Mueller, Howard Thompson, and Mary Frances Boyd, Plaintiffs-Appellants, v. Walter BRICK, City Clerk of the City of Des Moines, Iowa; Ray Mills, Mayor and Councilman of the City of Des Moines, Iowa; and Robert E. Conley, Frank W. McGowan, Allen W. Denny and Charles F. Iies, Councilmen of the City of Des Moines, Iowa, Defendants-Appellees.

Supreme Court of Iowa.

May 7, 1957.

Attorney(s) appearing for the Case

Paul W. Steward, Des Moines, for appellants.

Milton W. Strickler, I. Joel Pasternak, Des Moines, for appellees.

HAYS, Justice.

The crucial question presented by this appeal is whether or not the provisions of Sections 363B.12 to 363B.21, inclusive, Code 1954, I.C.A., are applicable to elected officials of a city operating under authority of Chapter 363C, Code 1954, I.C.A.

The case is here on appeal from a judgment sustaining defendants' motion to dismiss. The City of Des Moines, Iowa, is operating under the provisions of Chapter 363C, which is termed the Council-Manager...

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