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STATE SURETY CO. v. LENSING

No. 2-58053.

249 N.W.2d 608 (1977)

STATE SURETY COMPANY, Appellant, v. Jerome H. LENSING et al., Appellees.

Supreme Court of Iowa.

January 19, 1977.

Attorney(s) appearing for the Case

Miller, Pearson, Gloe & Burns, Decorah, for appellant.

Strand, Anderson & Raduenz, Decorah, for appellee Jerome Lensing.

Warren L. De Vries, Mason City, for appellees Richard Knauer, d/b/a Midway Car Sales Co., Central States Auto Auction, Inc., and Joel J. Bittner, d/b/a Joe's Auto Sales.

Meyer & Zahasky, Decorah, for appellees James Bohr, John Fossenkemper and Zimmerman Buick, Inc.

Heard by MOORE, C. J., and MASON, UHLENHOPP, HARRIS and McCORMICK, JJ.

MOORE, Chief Justice.

Plaintiff Surety Company appeals from judgment holding it liable to Arizona purchasers on the bond required by Code section 322.4, for Iowa Motor Vehicle Dealers. We reverse and remand.

There are no disputed fact issues. The parties stipulated that defendant Jerome Lensing was duly licensed under chapter 322, 1971 Code, as a retail motor vehicle dealer in Festina, Iowa. Pursuant to section 322.4(7), plaintiff corporate Surety Company...

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