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HAWBAKER v. IOWA STATE HIGHWAY COMMISSION

No. 50521.

113 N.W.2d 296 (1962)

Donald L. HAWBAKER and Lyle B. Helm, Plaintiffs-Appellees, v. IOWA STATE HIGHWAY COMMISSION, Defendant-Appellant, Ralph L. Jester and Ruth B. Jester, Defendants-Appellees.

Supreme Court of Iowa.

February 6, 1962.

Attorney(s) appearing for the Case

Evan L. Hultman, Atty. Gen., of the State of Iowa, C. J. Lyman, Special Asst. Atty. Gen., for Iowa State Highway Commission, and Don C. Swanson, Des Moines, for defendant-appellant.

Kalman Musin, Des Moines, for plaintiffs-appellees.

Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, for defendants-appellees.

THOMPSON, Justice.

The plaintiffs during the early months of 1959, and until about the middle of June of that year, occupied certain premises in the City of Des Moines under lease from the defendant Ralph L. Jester, the fee owner. This occupancy was under a written lease, originally running from February 1, 1956, to January 31, 1959. It had been renewed to expire on January 31, 1962. It was not acknowledged, but was filed for record on September 30, 1959. At some...

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