CASEY v. LUPKES

No. 63470.

286 N.W.2d 204 (1979)

Virginia CASEY, Robert P. Woodburn, W. P. Hamblen, Jr., and William Teague, Trustees for Mary Jane Penrose, Kathy Klar Key, and Mark J. Klar, Pursuant to the Last Will and Testament of Mark Victor Woodburn, Appellants, v. John LUPKES, Jr., and Lester L. Lupkes, Appellees.

Supreme Court of Iowa.

December 19, 1979.


Attorney(s) appearing for the Case

Irene A. Schrunk and Robert R. Eidsmoe of Gleysteen, Harper, Eidsmoe & Heidman, Sioux City, for appellants.

Gerald M. Kraai of Shull, Marshall & Marks, Sioux City, for appellees.

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


McCORMICK, Justice.

This is an appeal by plaintiffs from summary judgment entered for defendants in a declaratory judgment action brought by plaintiffs as trustees under the will of a lessor seeking to establish the invalidity of an agricultural lease in which defendants are lessees. In separate counts of their petition, plaintiffs alleged the lease violates Iowa Const. art. I, § 24, and is also unconscionable. Defendants alleged in their motion for summary judgment...

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