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SPENCER CONCRETE PRODUCTS CO. v. CITY OF SPENCER

No. 50641.

116 N.W.2d 455 (1962)

SPENCER CONCRETE PRODUCTS COMPANY, a Corporation, Plaintiff-Appellee, v. CITY OF SPENCER, Iowa, Defendant-Appellant.

Supreme Court of Iowa.

July 24, 1962.

Attorney(s) appearing for the Case

James & Greer and Murray Underwood, Spencer, for appellant.

Cornwall, Cornwall & Avery, Spencer, and Alan Loth, Fort Dodge, for appellee.

THOMPSON, Justice.

This case arises because of a mistake in identity. The mistake was an unfortunate one, and is now irremediable.

The City of Spencer commenced proceedings for the condemnation of a tract of land, 1.14 acres in extent, owned by Spencer Concrete Products Company, an Iowa Corporation. The condemnation commission returned a value finding which the condemnor city thought excessive, and it attempted to appeal. Notice of appeal was duly served upon...

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