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MENKE v. BOARD OF ED., IND. SCH. DIST., W. BURLINGTON

No. 55776.

211 N.W.2d 601 (1973)

Richard R. MENKE, d/b/a Menke Plumbing-Heating & Sheet Metal Work, Appellant, v. BOARD OF EDUCATION, INDEPENDENT SCHOOL DISTRICT OF WEST BURLINGTON, Iowa, Appellee, and The State Central Savings Bank, Defendant-Appellant.

Supreme Court of Iowa.

October 17, 1973.

Attorney(s) appearing for the Case

Napier, Napier & Wright, Fort Madison, for appellant Menke.

Pryor, Riley, Jones & Walsh, Burlington, for appellant The State Central Savings Bank.

Cray, Walter, Cray & Loeschen, Burlington, for appellee.

Heard by MOORE, C. J., and REES, REYNOLDSON, HARRIS and McCORMICK, JJ.

REES, Justice.

This matter comes to us on two separate appeals; one brought by the plaintiff Menke, and the other by defendant, The State Central Savings Bank. Both appeals are directed against the order of the trial court sustaining motion of defendant Board of Education of the Independent School District of West Burlington, Iowa, for judgment on the pleadings.

Plaintiff Richard R. Menke is an individual operating under the trade name and

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