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LINGLE v. CRAWFORD COUNTY

No. 66074.

315 N.W.2d 814 (1982)

Edward LINGLE, Appellant, v. CRAWFORD COUNTY, Iowa; Alvin Miller, Personally and as Crawford County Weed Commissioner, Appellees.

Supreme Court of Iowa.

Rehearing Denied March 12, 1982.

Attorney(s) appearing for the Case

Gary L. McMinimee of Wunschel, Eich & McMinimee, P. C., Carroll, for appellant.

Thomas E. Gustafson, Crawford County Atty., Denison, for appellees.

Considered by UHLENHOPP, P. J., and McCORMICK, ALLBEE, LARSON and SCHULTZ, JJ.

LARSON, Justice.

Edward Lingle brought this action against Crawford County and its weed commissioner for unlawful entry when they arranged to have his farm property sprayed with a herbicide. From judgment entered on a jury verdict in favor of the defendants, the plaintiff has appealed, contending the trial court erred in (1) refusing to instruct the jury that as a matter of law the defendants trespassed on his property; (2) instructing the jury that he had the burden...

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