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McCARTER v. UBAN

No. 53417.

166 N.W.2d 910 (1969)

John McCARTER, Appellee, v. Charles UBAN and Donald E. Olsen, Appellants.

Supreme Court of Iowa.

April 8, 1969.

Attorney(s) appearing for the Case

Beecher, Buckmaster, Beecher, Holmes & Lindeman, Waterloo, for appellant Charles Uban.

Mershon, Snow & Knock, Cedar Falls, for appellant Donald E. Olsen.

Newman, Redfern, McKinley & Olsen, Cedar Falls, for appellee.

LARSON, Justice.

This suit in equity was commenced when plaintiff, John McCarter, filed a petition in forcible entry against defendants, Charles Uban and Donald E. Olsen, owner and operator respectively of a combination gas station and grocery store in Cedar Falls, Iowa, after serving upon them a three-day notice to quit pursuant to section 648.3 of the Code. Prior thereto plaintiff had served a thirty-day notice to quit on defendant. When defendants did not remove...

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