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KRUIDENIER v. McCULLOCH

No. 51879.

136 N.W.2d 546 (1965)

Elizabeth KRUIDENIER, Robert R. Rigler, LaMar Foster, Sr., and Thomas S. Hefley, Appellants, v. W. E. McCULLOCH, Auditor of Polk County, Iowa, and Harold E. Hughes, Governor of State of Iowa, Gary L. Cameron, Secretary of State of Iowa, Lorne E. Worthington, Auditor of State of Iowa, Paul Franzenburg, Treasurer of State of Iowa, Kenneth E. Owen, Secretary of Agriculture of State of Iowa, in their elective capacities and also collectively and individually as the Executive Council of the State of Iowa, and Lawrence F. Scalise, Attorney General of State of Iowa, and Robert L. Fulton, Lt. Governor of State of Iowa, Appellees.

Supreme Court of Iowa.

August 23, 1965.

Attorney(s) appearing for the Case

Herrick, Langdon, Sandblom & Belin, Des Moines, for appellants.

Lawrence F. Scalise, Atty. Gen. of Iowa, and Timothy McCarthy, Solicitor General of Iowa, for appellees.

THORNTON, Justice.

This appeal presents a narrow preliminary issue of a reapportionment case.

The trial court sustained defendants' special appearance. The special appearance was based on the pendency of a similar suit in the United States District Court for the Southern District of Iowa. Davis v. Synhorst, 217 F.Supp. 492 (1963), 225 F.Supp. 689

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