KANE v. CITY OF MARION

No. 50101.

104 N.W.2d 626 (1960)

Eugene Francis KANE, Appellant, v. CITY OF MARION, Linn County, Iowa, Appellee. W. L. McCALLEY, Appellant, v. CITY OF CEDAR RAPIDS, Linn County, Iowa, Appellee.

Supreme Court of Iowa.

August 2, 1960.


Attorney(s) appearing for the Case

White & Stone, Marion, and Holmes & Holmes, Cedar Rapids, for appellants.

Moyer & Allen, Marion, Donald T. Hines, Cedar Rapids, and David F. McGuire, Cedar Rapids, for appellees.


THOMPSON, Justice.

The Cities of Marion and Cedar Rapids have adjoining boundaries. We take judicial notice of this fact. 31 C.J.S. Evidence § 33(c), pages 582, 583; Haines v. Board of Supervisors, 243 Iowa 566, 568, 52 N.W.2d 699, 700; Main v. Ellsworth, 237 Iowa 970, 974, 23 N.W.2d 429, 431.

On August 17, 1959, the two cities entered into a contract for the construction, maintenance and use of a joint sewer system...

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