VIETNAM VETS. AGAINST WAR v. VETERANS M. AUD. COM'N

No. 55645.

211 N.W.2d 333 (1973)

VIETNAM VETERANS AGAINST THE WAR and Larry Duncan, Appellees, v. VETERANS MEMORIAL AUDITORIUM COMMISSION et al., Appellants, City of Des Moines, Iowa, Appellant.

Supreme Court of Iowa.

Rehearing Denied December 13, 1973.


Attorney(s) appearing for the Case

William D. Groteluschen, City Sol., Des Moines, for appellant City of Des Moines, and James P. Irish, Altoona, for remaining appellants.

William L. Kutmus and Gordon E. Allen, Des Moines, for appellees.

Considered en banc.


MOORE, Chief Justice.

As authorized by Code chapter 37, the citizens of the City of Des Moines by vote approved construction of the Veterans Auditorium. City bonds were issued to pay the costs thereof. It was built and for many years has been operated entirely as a City of Des Moines project. Each named defendant commissioner is a resident of Des Moines.

Plaintiff's action contests the constitutionality of section 37.10 which provides:

"Each such...

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