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RURAL WATER SYSTEM NO. 1 v. SIOUX COUNTY

No. 61401.

272 N.W.2d 466 (1978)

RURAL WATER SYSTEM NO. 1, Appellee, v. SIOUX COUNTY, Iowa, Appellant.

Supreme Court of Iowa.

December 20, 1978.

Attorney(s) appearing for the Case

Gerald M. Kraai, of Shull, Marshall & Marx, Sioux City, and Harold O. Postma, Asst. County Atty., for appellant.

Edwin L. Mitchell, Alton, and James A. Giles, of Wasker, Sullivan & Ward, Des Moines, for appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, McCORMICK, McGIVERIN, and LARSON, JJ.

LeGRAND, Justice.

This is a declaratory judgment action to determine who shall bear the cost of moving and relocating pipeline in connection with a road improvement program in Sioux County, Iowa.

The pipeline is owned by the plaintiff, Rural Water System No. 1, (hereafter referred to as RWS.) The road-widening program was undertaken by the defendant County. The trial court ruled for plaintiff and we affirm.

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