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DRAINAGE DIST. NO. 119 v. INC. CITY OF SPENCER

No. 60839.

268 N.W.2d 493 (1978)

DRAINAGE DISTRICT NO. 119, CLAY COUNTY, Iowa, and the Board of Supervisors of Clay County, acting on behalf of said Drainage District No. 119, Appellant, v. The INCORPORATED CITY OF SPENCER, Iowa, and the Iowa Department of Transportation, Appellees.

Supreme Court of Iowa.

June 28, 1978.

Attorney(s) appearing for the Case

Greer, Hoover, Nelson, Montgomery & Barry, Spencer, for appellant.

Mack, Hansen & Gadd, Storm Lake, for appellee City of Spencer.

Asher E. Schroeder, Sp. Asst. Atty. Gen., Ames, for appellee Iowa Dept. of Transp.

Considered by MOORE, C. J., and MASON, RAWLINGS, UHLENHOPP and REYNOLDSON, JJ.

MASON, Justice (Serving by special assignment).

Plaintiff, Drainage District No. 119 of Clay County and the Board of Supervisors of Clay County acting on behalf of said Drainage District No. 119, appeals from the trial court's ruling sustaining defendants' motion for summary judgment on the ground plaintiff was not entitled to any relief as a matter of law.

Plaintiff instituted an action seeking declaratory relief against the City of Spencer

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