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CITIZENS FOR WASH. SQ. v. CITY OF DAVENPORT

Nos. 61715, 61660.

277 N.W.2d 882 (1979)

CITIZENS FOR WASHINGTON SQUARE, a Corporation Not For Profit, Appellant, v. CITY OF DAVENPORT, a Municipal Corporation and Special Charter City, and Davenport & Scott County Family Y, Appellees. Marie Le Claire ANDERSON, Appellant, v. CITY OF DAVENPORT, a Municipal Corporation and Special Charter City, and Davenport & Scott County Family Y, Appellees.

Supreme Court of Iowa.

April 25, 1979.

Attorney(s) appearing for the Case

Anthony L. Anderson, of Anderson, Preuss & Zwibelman, Clayton, Mo., for appellants.

Thomas C. Fritzsche, Asst. Corp. Counsel, Davenport, for appellee City of Davenport.

Walter A. Newport, Jr., of Newport, Buzzell, Liebbe & Fortini, Davenport, for appellee Family Y.

Considered by LeGRAND, P. J., and UHLENHOPP, HARRIS, McGIVERIN and LARSON, JJ.

UHLENHOPP, Justice.

This appeal involves a motion to dismiss the petition of plaintiffs Citizens For Washington Square and Marie Le Claire Anderson. The trial court sustained the motion as to Citizens and sustained it in part as to Anderson.

I. The parties appear to have lost sight of some of the principles governing motions to dismiss. We now have notice pleading. A petition need only contain "a short and plain statement of the claim showing that the pleader...

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