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KERSTEN CO., INC. v. DEPARTMENT OF SOCIAL SERVICES

No. 55178.

207 N.W.2d 117 (1973)

KERSTEN COMPANY, INC., a corporation, Appellee, v. DEPARTMENT OF SOCIAL SERVICES of the State of Iowa, and State of Iowa, Appellants.

Supreme Court of Iowa.

April 25, 1973.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., and Lorna Lawhead Williams, Sp. Asst. Atty. Gen., for appellants.

Kersten, Opheim & Estes, Fort Dodge, for appellee.

Considered en banc.

LeGRAND, Justice.

This is an appeal under rule 332, Rules of Civil Procedure, from a denial of defendants' special appearance, which was based on the defense of governmental immunity from suit for alleged breach of contract. We affirm the trial court, and in doing so we necessarily overrule Megee v. Barnes, 160 N.W.2d 815 (Iowa 1968).

The parties agree this is a suit against the State and agree, too, a special appearance...

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