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LENERTZ v. MUNICIPAL COURT OF CITY OF DAVENPORT

No. 55851.

219 N.W.2d 513 (1974)

Allen Paul LENERTZ et al., Appellants, v. MUNICIPAL COURT OF the CITY OF DAVENPORT, Iowa, Honorable Jack F. Broderick, Judge, Appellee.

Supreme Court of Iowa.

June 26, 1974.

Attorney(s) appearing for the Case

Lee Gaudineer, Jr., Des Moines, and Stephen L. Schalk, Davenport, for appellants.

Richard C. Turner, Atty. Gen., and Douglas R. Carlson, Asst. Atty. Gen., for appellee.

Heard by MOORE, C.J., and RAWLINGS, REES, UHLENHOPP and McCORMICK, JJ.

MOORE, Chief Justice.

This is an original action in certiorari to review ruling of respondent-judge overruling petitioners' demurrer which asserted Code section 713.24(2b) includes no penal provision. We sustain the writ and remand for order sustaining the joint demurrer.

The petitioners, Allen Paul Lenertz, Elaine Anne Barthelemy, J. Peter Barthelemy, Lawrence George Prossen, James Allen Rehder, Richard Koenig and Kenneth Langer, were individually charged...

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