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IOWA POWER AND LIGHT CO. v. IOWA STATE HIGHWAY COM'N

No. 50759.

117 N.W.2d 425 (1962)

IOWA POWER AND LIGHT COMPANY, Plaintiff-Appellee, v. IOWA STATE HIGHWAY COMMISSION, and L. M. Clausen, Chief Engineer for Iowa State Highway Commission, Defendant-Appellants, Iowa State Commerce Commission, Defendant.

Supreme Court of Iowa.

Rehearing Denied December 11, 1962.

Attorney(s) appearing for the Case

Evan Hultman, Waterloo, C. J. Lyman, James Thomson, Ames, Donald L. Beving and Don C. Swanson, Des Moines, for defendant-appellants.

Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for plaintiff-appellee.

Waldo F. Wheeler and George M. Mariner, Des Moines, for Iowa State Commerce Commission.

Leonard C. Abels and Anthony T. Renda, Des Moines, for City of Des Moines, amicus curiae.

Ramsey Clark, Asst. Atty. Gen., Donald A. Wine, U. S. Atty., Des Moines, Roger P. Marquis, Atty. Dept. of Justice, Washington, D. C., for the United States, amicus curiae.

THOMPSON, Justice.

The protagonists in the case at bar are on one hand the plaintiff Iowa Power and Light Company and the Iowa State Commerce Commission; and on the other the Iowa State Highway Commission and its chief engineer, and the United States of America. The Iowa State Commerce Commission is a named defendant; but in its brief it makes common cause with the plaintiff. The United States of America is not technically a party to the action, but its rights are...

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