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STATE v. DAKOTA COUNTY, NEBRASKA

No. 49579.

93 N.W.2d 595 (1958)

STATE of Iowa, Appellant, v. DAKOTA COUNTY, Nebraska, Board of County Commissioners of Dakota County, Nebraska, Daco, Inc., John F. Kern and Nellie F. Kern, Appellees.

Supreme Court of Iowa.

December 16, 1958.

Attorney(s) appearing for the Case

Norman A. Erbe, Atty. Gen., C. J. Lyman, Special Asst. Atty. Gen., James E. Thomson, General Counsel for Iowa State Highway Commission, Iowa City, and A. H. Bolton, Sioux City, for appellant.

Jesse E. Marshall, Shull, Marshall, Mayne, Marks & Vizintos, Sioux City, for appellees.

WENNERSTRUM, Justice.

Plaintiff, the State of Iowa, originally filed a petition asking specific performance of a claimed contract entered into by Dakota County, Nebraska and the State of Iowa and therein prayed for the conveyance of a tract of land located along the Missouri River and to its low water mark. The defendants, Kerns, counter-claimed and asked that title to the property in controversy be quieted in them as against the State of Iowa. The state in a reply...

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