POWELL v. KHODARI-INTERGREEN CO.

No. 64912.

303 N.W.2d 171 (1981)

Earl A. POWELL, Appellant, v. KHODARI-INTERGREEN CO. and Green Construction Co., Appellees.

Supreme Court of Iowa.

March 18, 1981.


Attorney(s) appearing for the Case

John P. Dollar, of Seery & Dollar, Des Moines, for appellant.

James L. Sayre, of Dreher, Wilson, Adams, Jensen, Sayre & Gribble, Des Moines, for appellees.

Considered by HARRIS, P. J., and ALLBEE, McGIVERIN, LARSON and SCHULTZ, JJ.


LARSON, Justice.

The determinative question for review does not concern the merits of this litigation, but whether the district court possessed the power to adjudicate the merits of certain claims in the plaintiff's petition. The district court dismissed two tort claims from the petition for lack of subject-matter jurisdiction, and alternatively, for failure to state a claim upon which any relief can be granted. We reverse and remand.

Because acquisition of...

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