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HARVEY v. IOWA STATE HIGHWAY COMMISSION

No. 51445.

130 N.W.2d 725 (1964)

Loren HARVEY et al., Appellant, v. IOWA STATE HIGHWAY COMMISSION et al., Appellee.

Supreme Court of Iowa.

October 20, 1964.

Attorney(s) appearing for the Case

H. S. Life, Oskaloosa, for appellant.

Evan Hultman, Atty. Gen., C. J. Lyman, Asst. Atty. Gen., and A. Jackson Allen, State Counsel, Ames, for appellee.

STUART, Justice.

Plaintiffs' petition seeking to enjoin the State Highway Commission from taking portions of their farms in relocating State Highway 92 through Marion and Mahaska Counties was dismissed on defendants' motion. They elected to stand upon the pleadings and appealed.

Doubtful pleadings attacked by a motion to dismiss are resolved against the pleader. Well pleaded, relevant and issuable facts are deemed true, but conclusions, not supported by pleaded...

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