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JOHN DEERE WATERLOO TRACTOR WORKS v. DERIFIELD

No. 50335.

110 N.W.2d 560 (1961)

JOHN DEERE WATERLOO TRACTOR WORKS, OF DEERE & COMPANY, Appellant, v. William H. DERIFIELD, James L. Robertson, L. J. Robertson, and Earl R. Jones, Iowa Industrial Commissioner, Appellees.

Supreme Court of Iowa.

September 19, 1961.

Attorney(s) appearing for the Case

Pike, Hoxie, Butler & Teske, Waterloo, for appellant.

Robertson & Robertson, LaPorte City, for appellees William H. Derifield, James L. Robertson and L. J. Robertson.

Norman A. Erbe, Atty. Gen., and George E. Wright, Asst. Atty. Gen., for appellee Earl R. Jones, Industrial Commissioner.

OLIVER, Justice.

This is a suit for a declaratory judgment, praying that the third paragraph of section 86.21, Code of Iowa 1958, I.C.A., be interpretated as limiting the taking of depositions in workmen's compensation proceedings, to witnesses who live within 100 miles of the place of hearing.

The facts are not in dispute. Defendant William H. Derifield, now a resident of the state of Washington, filed with the industrial commissioner of Iowa, a petition...

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