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McCARL v. FERNBERG

No. 51179.

126 N.W.2d 427 (1964)

Marvin McCARL, Appellant, v. Phillip FERNBERG, Appellee.

Supreme Court of Iowa.

February 11, 1964.

Attorney(s) appearing for the Case

Joseph L. Phelan, Fort Madison, for appellant.

Hirsch, Riepe & Wright, Burlington, for appellee.

HAYS, Justice.

Plaintiff alleges an oral contract of employment with defendant and in an action for a declaratory judgment seeks a determination of his rights under the contract and for money damages. The defendant filed a motion to dismiss the petition for the reason that it does not seek a declaration of present right, status or relationship as contemplated by Rule 261, R.C.P., 58 I.C.A., and for the further reason that it fails to state a cause of action against...

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