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MORNINGSTAR v. MYERS

No. 2-58682.

255 N.W.2d 159 (1977)

Gilbert B. MORNINGSTAR and Evelyn Morningstar, Appellants, v. Lovell MYERS, John D. Randall and Myers Farms, Inc., Appellees.

Supreme Court of Iowa.

June 29, 1977.

Attorney(s) appearing for the Case

Simmons, Perrine, Albright & Ellwood, Cedar Rapids, for appellants.

John D. Randall and Ronald W. Wendt, Cedar Rapids, for appellee Myers Farms, Inc.

David M. Elderkin, Cedar Rapids, for appellee John D. Randall.

Richard F. Nazette, Cedar Rapids, for appellee Lovell Myers.

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

LeGRAND, Justice.

This matter is here with our permission on an interlocutory appeal from an order of the Linn District Court which plaintiffs say deprives them of their right to trial by jury. We reverse and remand for further proceedings as directed herein.

Plaintiffs filed an action at law, asking both compensatory and punitive damages for alleged fraud in certain dealings involving title to a farm in Linn County. We briefly outline the circumstances underlying...

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