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PACIFIC INDEMNITY COMPANY v. RATHJE

No. 54513.

188 N.W.2d 338 (1971)

PACIFIC INDEMNITY COMPANY, Assignee of Stanley M. Hotle and Nellie M. Hotle, Appellant, v. Richard RATHJE, d/b/a Rathje Construction Company, Appellee, v. UNITED BUILDING CENTERS—ANDERSON, INC., Formerly J. F. Anderson Lumber Company, Defendant to Cross-Petition-Appellee.

Supreme Court of Iowa.

June 17, 1971.

Attorney(s) appearing for the Case

Lynch, Dallas, Smith & Harman, by Gerald Lyell Fatka, Cedar Rapids, for appellant and for defendant to cross-petition-appellee.

James W. Crawford and Gene V. Kellenberger, Cedar Rapids, for appellee.

RAWLINGS, Justice.

Action at law by plaintiff-assignee of property owner for damages resulting from excavation of an adjoining tract. Trial to the court resulted in judgment adverse to plaintiff and it appeals. We affirm.

Stanley M. and Nellie M. Hotle [Hotles] own and occupy commercially improved land in Marion. United Building Centers —Anderson, Inc., successor to J. F. Anderson Lumber Company [Anderson] owns the adjoining property.

Richard...

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