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MEEKER v. CITY OF CLINTON

No. 59113.

259 N.W.2d 822 (1977)

Glenn and Sylvia MEEKER, Donald and Louise DeWitt, Sr., Alan A. and Julie Busch, Sr., Harold C. Stearns, Lloyd and Sandra Bousman, Randall and Carolyn Ewalt, Bernice Kuhse, Frieda Rannfeldt, Jess and Mary Robbins, Daniel R. Jones, Sikie Hass, A. L. Cheramy, Reuben Dyrdahl, d/b/a Dahl Construction Company, Robert and Donna Piper, Donald and Dixie Zimmerman, and Harold G. and Elayne E. Anderson, Appellants, v. CITY OF CLINTON, a Municipal Corporation and the Chicago and Northwestern Transportation Company, Appellees.

Supreme Court of Iowa.

November 23, 1977.

Attorney(s) appearing for the Case

McDonald, McDonald & Stonebraker, Davenport, for appellants.

Lane & Waterman, Davenport, and Bruce C. Johanson, City Atty., Clinton, for appellee.

Gamble, Riepe, Burt, Webster & Fletcher, Des Moines, for appellee, Chicago and Northwestern Transp. Co.

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

MASON, Justice.

Plaintiffs, Glenn and Sylvia Meeker, appeal from the trial court's order granting defendants judgment notwithstanding the verdict and in the alternative granting defendants a new trial in a law action brought to recover damages alleged to have been sustained as a result of flooding in a section of Clinton, Iowa.

On May 16 and 17, 1974, a flood occurred in a section of the City of Clinton when Mill Creek and Manufacturers Ditch overflowed their...

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