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SPENCER PUBLISHING COMPANY v. CITY OF SPENCER

No. 49490.

92 N.W.2d 633 (1958)

SPENCER PUBLISHING COMPANY, Plaintiff-Appellant, v. CITY OF SPENCER; Cliff Bowman, Clerk of said Municipality; Spencer Municipal Utilities; John N. Lynch, Roy W. Fenske, George W. Haygarth, Trustees of said Municipality; Glen V. Yarger, Manager of said Utilities, Defendants-Appellees, John Lynch, Roy W. Fenske, George W. Haygarth, and Glen V. Yarger, Intervenors-Appellees, A. L. Bender, George H. Anderson, George W. Haygarth, Merlin Wait, C. C. Ecklund, J. A. Anderson, Ray Adkins and Iowa Association of Municipal Utilities, Intervenors-Appellees, Cliff Bowman, Intervenor-Appellee.

Supreme Court of Iowa.

October 14, 1958.

Attorney(s) appearing for the Case

James & Greer, Spencer, for plaintiff-appellant.

Cornwall & Cornwall, Spencer, for defendants-appellees and intervenors-appellees John Lynch, and others.

Loth & Melton, Fort Dodge, for defendants-appellees and intervenors-appellees John Lynch, and others and A. L. Bender, and others.

J. I. Hossack, Spencer, for defendant City of Spencer and intervenor Cliff Bowman.

LARSON, Justice.

All parties to this action seek a declaratory judgment construing section 618.11 of the Iowa Code as amended by chapter 266 of the 57th General Assembly, I.C.A.

There is no controversy between the parties with reference to the facts, and all agreed to the method of procedure followed in the court below. The sole issue is whether, due to the amendment, this section now authorizes and empowers the state printing board to order and direct municipalities...

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