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BATCHELLER v. IOWA STATE HIGHWAY COMMISSION

No. 49908.

101 N.W.2d 30 (1960)

G. R. BATCHELLER, an individual doing business as G. R. Batcheller Company, Appellee, v. IOWA STATE HIGHWAY COMMISSION, Appellant.

Supreme Court of Iowa.

February 9, 1960.

Attorney(s) appearing for the Case

Gill & Dunkle, Sioux City, Norman A. Erbe, Atty. Gen., for the State of Iowa, and C. J. Lyman, Special Asst. Atty. Gen., for Iowa State Highway Commission, Ames, for appellant.

Shull, Marshall, Mayne, Marks & Vizintos, Sioux City, for appellee.

THORNTON, Justice.

The trial court has enjoined defendant, Iowa State Highway Commission, from in any manner appropriating, taking or entering upon certain real estate occupied by plaintiff as a tenant until defendant complies with our statutes relative to eminent domain as to the right, title and interest of plaintiff in such real estate.

Defendant contended in the trial court and urges for reversal here it is immune as an agency of the state from this action...

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