HUBBARD v. STATE

No. 53089.

163 N.W.2d 904 (1969)

Harold HUBBARD, Appellant, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

January 14, 1969.


Attorney(s) appearing for the Case

Jesse, LeTourneau & Johnston, Des Moines, for appellant.

Richard C. Turner, Atty. Gen., Don R. Bennett, Special Asst. Atty. Gen., David S. Sather, Asst. Atty. Gen., for appellee.


MASON, Justice.

This is an action under chapter 25A, Code, 1966, Tort Claims Act, Acts of the Sixty-first General Assembly, against the State to recover for negligence in diagnosing plaintiff's herd of cattle as being infected with anaplasmosis when, in fact, they were not so infected.

Defendant's motion to dismiss was sustained on the ground trial court lacked jurisdiction of the subject matter of the action under this Act. Plaintiff has appealed.

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