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CARTER v. JERNIGAN

No. 56266.

227 N.W.2d 131 (1975)

Harold E. CARTER et al., Appellants, v. Kenneth JERNIGAN, Director, Iowa Commission For the Blind, et al., Appellees.

Supreme Court of Iowa.

March 19, 1975.

Attorney(s) appearing for the Case

Dan Johnston, New York City, and Durward McDaniel, Washington, D.C., for appellants.

Richard C. Turner, Atty. Gen., and Richard E. Haesemeyer, Sol. Gen., for appellees.

Verne Lawyer, Eugene Davis, and Steven C. Cross, Des Moines, for appellee Jernigan.

Roger H. Ivie, Des Moines, for appellee Hemken.

William Wimer, Des Moines, for appellees Bonnell and Johnson.

Heard en banc.

UHLENHOPP, Justice.

The principal question in this appeal is whether the trial court properly sustained defendants' motion for summary judgment. We recently stated the principle governing such motions in Daboll v. Hoden, 222 N.W.2d 727, 731 (Iowa):

Where there is no genuine issue of fact to be decided, the party with a just cause should be able to obtain a judgment promptly and without the expense and delay of a trial....

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