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STATE v. STARZINGER

No. 54080.

179 N.W.2d 761 (1970)

STATE of Iowa, Plaintiff, v. Vincent STARZINGER, Edwin B. Carpenter and James Evans Cooney, Trustees of the Starzinger Cherry Place Trust, Defendants-Appellees, and Hamilton Funeral Chapels, Inc., Defendant-Appellant.

Supreme Court of Iowa.

September 24, 1970.

Attorney(s) appearing for the Case

Williams, McWilliams & Hart, Des Moines, for defendant-appellant.

Ahlers, Cooney, Dorweiler, Allbee & Haynie, Des Moines, for defendants-appellees.

Raymond Rosenberg, Des Moines, for plaintiff.

LARSON, Justice.

This is an appeal from a declaratory judgment entered in the Polk County District Court wherein it was held that the defendants Vincent Starzinger, Edwin B. Carpenter and James Evans Cooney, Trustees of the Starzinger Cherry Place Trust, have the right and power under and pursuant to Provision (12) of their lease with defendant Hamilton Funeral Chapels, Inc. to terminate the lease in the event that the plaintiff State of Iowa should proceed to acquire...

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