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RHODES v. IOWA STATE HIGHWAY COMMISSION

No. 49617.

94 N.W.2d 97 (1959)

J. Reed RHODES and Ruth R. Rhodes, Plaintiffs-Appellees, v. IOWA STATE HIGHWAY COMMISSION, Defendant-Appellant, Mott Construction Co., and Booth & Olson, Inc., a Corporation, Defendants.

Supreme Court of Iowa.

January 13, 1959.

Attorney(s) appearing for the Case

C. J. Lyman, Sp. Asst. Atty. Gen., James E. Thomson, Gen. Counsel, Ames, for Commission, Bray, Carson & McCoy, Oskaloosa, for appellant.

Gilbert & Stoddard, Oskaloosa, for appellees.

HAYS, Justice.

Appeal under Rule 332, R.C.P., 58 I.C.A., from order overruling Special appearance of defendant State Highway Commission.

Plaintiff's petition is in two divisions.

Division I asks that said defendant be enjoined from proceeding with the construction on Highway 92 on the ground that such construction constitutes a "taking of their property" in violation of Section 18, Article I, Constitution of Iowa, I.C.A. In substance, the petition...

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