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FLYNN v. MICHIGAN-WISCONSIN PIPELINE COMPANY

No. 52874.

161 N.W.2d 56 (1968)

James J. FLYNN and Patrick S. Boyle, d/b/a Flynn and Boyle, a partnership, Appellants, v. MICHIGAN-WISCONSIN PIPELINE COMPANY, Appellee.

Supreme Court of Iowa.

September 5, 1968.

Attorney(s) appearing for the Case

Dailey, Dailey, Ruther & Bauer, Burlington, for appellants.

Pryor, Riley, Jones & Walsh, Burlington, and Lane & Waterman, Davenport, for appellee.

BECKER, Justice.

Plaintiffs filed suit for declaratory judgment under Iowa Rules of Civil Procedure, #261 et seq. They seek construction of a right-of-way contract for gas pipeline purposes which would adjudicate the rights and obligations of the parties to the contract and their successors in interest. Plaintiffs' petition alleges the right-of-way contract in question gives defendant the right only "to come upon the land of the Plaintiffs to manually repair and inspect...

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