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SIMKINS v. CITY OF DAVENPORT

No. 56387.

232 N.W.2d 561 (1975)

Everett E. SIMKINS and Myrtle M. Simkins, Appellees, v. CITY OF DAVENPORT, Iowa, a Municipal Corporation, Appellant.

Supreme Court of Iowa.

August 29, 1975.

Attorney(s) appearing for the Case

Richard A. Larsen and Stephen L. Schalk, of Larsen & Schalk, Davenport, for appellant.

Lane & Waterman, Davenport, for appellees.

Heard before MOORE, C. J., and MASON, REES, HARRIS, and McCORMICK, JJ.

MASON, Justice.

This appeal arises out of a condemnation trial in the Scott district court. The jury returned a verdict assessing damages in favor of Everett E. Simkins and his wife Myrtle M., the landowners, based on a partial taking of their property. The condemnor, City of Davenport, appeals from the judgment for costs and the ascertainment of damages in the amount of $105,000. Section 472.23, The Code.

Plaintiff, Everett E. Simkins, owns a service station...

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