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EVANS v. HOWARD R. GREEN CO.

Nos. 2-56401, 2-56402.

231 N.W.2d 907 (1975)

Beverly A. EVANS, Administratrix of the Estate of Lewis E. Evans, Plaintiff-Appellee, and Dorothy Scholten, Administratrix of the Estate of Anthony Scholten, Plaintiff-Appellee, v. HOWARD R. GREEN COMPANY, Defendant and Third-Party Plaintiff-Appellant, v. DORY BUILDERS, INC., Third-Party Defendant and Fourth-Party Plaintiff-Appellant, v. CITY OF CEDAR RAPIDS, Iowa, Fourth-Party Defendant-Appellee.

Supreme Court of Iowa.

Rehearing Denied October 10, 1975.

Attorney(s) appearing for the Case

Keyes & Crawford, Cedar Rapids, and Charles T. Hvass of Hvass, Weisman & King, Chartered, Minneapolis, Minn., for Beverly A. Evans and Dorothy Scholten.

David F. McGuire, City Atty., for City of Cedar Rapids.

Donald T. Hines and John D. Randall, Cedar Rapids, for Howard R. Green Co.

Wayne C. Collins and Patrick M. Roby of Shuttleworth & Ingersoll, Cedar Rapids, for Dory Builders, Inc.

Heard before MOORE, C. J., and LeGRAND, REES, REYNOLDSON and HARRIS, JJ.

HARRIS, Justice.

Louis E. Evans and Anthony Scholten lost their lives September 21, 1967 while working as construction employees at the water pollution control plant of Cedar Rapids, Iowa. Each died as a result of poisonous hydrogen sulfide gas. Separate wrongful death suits were brought by their estates (plaintiffs) and were consolidated for trial.

Sometime prior to June 1966 Howard R. Green Company (Green), an...

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