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CITY OF AMES v. SCHILL BUILDERS, INC.

No. 63459.

292 N.W.2d 678 (1980)

CITY OF AMES, Iowa, Appellant, and Conservative Mortgage Company, Intervenor, Appellant, v. SCHILL BUILDERS, INC. and State Surety Company, Appellees. SCHILL BUILDERS, INC., Appellee, v. Duane R. HANSON, Mary Hanson, and Village Development Corporation, Appellees. Duane R. HANSON, Mary Hanson, and Village Development Corporation, Appellees, v. CONSERVATIVE MORTGAGE COMPANY, Appellant. CONSERVATIVE MORTGAGE COMPANY, Appellant, v. STATE SURETY COMPANY, Appellee. STATE SURETY COMPANY, Appellee, v. Duane R. HANSON and Frank A. Schill, Appellees.

Supreme Court of Iowa.

May 21, 1980.

Attorney(s) appearing for the Case

John R. Klaus, Ames City Atty., for appellant City of Ames.

Donald A. Wine of Thoma, Schoenthal, Davis, Hockenberg & Wine, Des Moines, for appellant Conservative Mortgage.

L. W. Courter and Kirke C. Quinn of Doran, Doran, Courter & Quinn, Boone, for appellee Schill Builders.

David L. Phipps of Whitfield, Musgrave, Selvy, Kelly & Eddy, Des Moines, for appellee State Surety Company.

Louis R. Hockenberg of Wasker, Sullivan & Ward, Des Moines, for appellees Hansons and Village Development.

Considered by LeGRAND, P. J., and UHLENHOPP, McCORMICK, ALLBEE, and McGIVERIN, JJ.

LeGRAND, Justice.

This appeal arises out of a controversy concerning the liability of State Surety Company under a surety bond issued to the City of Ames to guarantee the construction of streets, sidewalks, sewers, and other public improvements in connection with the development of a tract of land for residential use. The trial court found in favor of the Surety and we affirm.

This is the second time this case has been here on appeal. See City of Ames v...

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