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MONTANDON v. HARGRAVE CONSTRUCTION COMPANY

No. 51444.

130 N.W.2d 659 (1964)

Douglas MONTANDON, a Minor, by Earl Montandon, His Father and Next Friend, Appellant, v. HARGRAVE CONSTRUCTION COMPANY and Iowa State Highway Commission, Appellee.

Supreme Court of Iowa.

October 20, 1964.

Attorney(s) appearing for the Case

Whitesell Law Firm, Iowa Falls, for appellant.

Lundy, Butler, Wilson & Hall, Eldora, for appellee Hargrave Construction Co.

Evan Hultman, Atty. Gen., C. J. Lyman, Sp. Asst. Atty. Gen., and A. J. Allen, State Counsel, all for appellee Iowa State Highway Commission.

SNELL, Justice.

This is an appeal from a ruling sustaining a special appearance by Iowa state highway commission named as a defendant in a tort action resulting from injuries received in a one-car accident on highway number 20 in Hardin County.

From plaintiff's petition and the exhibit made a part thereof it appears that in March 1961 a duly executed contract between Iowa state highway commission and Hargrave Construction Company provided for the resurfacing...

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