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WINDUS v. GREAT PLAINS GAS

No. 51053.

122 N.W.2d 901 (1963)

Loren Dale WINDUS, Appellee, v. GREAT PLAINS GAS, a division of National Propane Corporation and National Propane Corporation, Fisher Governor Company, a corporation, Herbert Ivan Wolf and Gladys Wolf, individually and d/b/a Wolf Appliances, and Raymond Penderson, and Ruud Manufacturing Corporation, Appellants, Shell Oil Company, Inc., Additional Appellant.

Supreme Court of Iowa.

Rehearing Denied September 17, 1963.

Attorney(s) appearing for the Case

Lane & Waterman, Davenport, for Great Plains Gas, a division of Nat. Propane Corp., and Nat. Propane Corp., appellants.

Shuttleworth & Ingersoll, Cedar Rapids, for Fisher Governor Co., a corporation, appellant.

Hart, Shulman, Phelan, Tucker & Ivie, Iowa City, for Herbert Ivan Wolf and Gladys Wolf, individually and d/b/a Wolf Appliances and Raymond Penderson, appellants.

William L. Meardon and Ansel Chapman, Iowa City, for Ruud Mfg. Corp., appellant.

Betty, Neuman, Heninger & McMahon, Davenport, for Shell Oil Co., Inc., appellant.

Messer & Cahill and Jay H. Honohan, Iowa City, for appellee.

THOMPSON, Justice.

This case comes before us for the second time. On the original appeal, we held that the trial court had no power to set aside a judgment of dismissal entered under the provisions of Rule of Civil Procedure 215.1, 58 I.C.A. Thereupon the plaintiff filed his petition to vacate judgment under the provisions of R.C.P. 252 and 253. The trial court granted the petition and set aside the judgment, and we granted leave to appeal. Three cases are involved...

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