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SAYLES v. BENNETT AVENUE DEVELOPMENT CORP.

No. 51787.

138 N.W.2d 895 (1965)

Leo W. SAYLES et al., Appellants, v. BENNETT AVENUE DEVELOPMENT CORPORATION and the City of Council Bluffs, Appellees.

Supreme Court of Iowa.

Rehearing Denied February 8, 1966.

Attorney(s) appearing for the Case

Porter, Heithoff & Pratt, Council Bluffs, for appellants.

Ross, Johnson, Stuart, Tinley & Peters, Council Bluffs, for appellee Bennett Avenue Development Corp.

John M. Peters and David E. Stuart, Council Bluffs, for appellee City of Council Bluffs.

BECKER, Justice.

The defendant Bennett Avenue Development Corporation, hereafter called the corporation, entered into a sewage disposal contract with the City of Council Bluffs. Plaintiffs, consisting of the owners of some 17 properties within the City of Council Bluffs, seek to have the contract declared illegal as to them and to enjoin the defendant from certain actions thereunder. The matter was submitted to the trial court on agreed stipulation of facts. The contract...

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