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HARRISON-POTTAWATTAMIE DRAIN. DIST. NO. 1 v. STATE

No. 52706.

156 N.W.2d 835 (1968)

HARRISON-POTTAWATTAMIE DRAINAGE DISTRICT NO. 1 by E. M. Osborn, O. G. Danker, and F. W. Myers, Trustees for said District, Appellees, v. The STATE of Iowa, the Iowa State Highway Commission, and Capitol Construction Company, Appellants.

Supreme Court of Iowa.

March 5, 1968.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., L. Michael McGrane, Asst. Atty. Gen., and Leo Ballard, Des Moines, for appellants.

Acrea & Pearson, Missouri Valley, for appellees.

MASON, Justice.

The State Highway Commission appeals from a decree enjoining it from proceeding with construction of a bridge on U. S. Highway 30 where it crosses Allen Creek drainage ditch, and ordering removal of piers from the creek.

Plaintiff drainage district consists of certain districts in Harrison and Pottawattamie Counties, including Allen Creek drainage ditch. The Allen ditch consists of several tributaries...

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