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LERDALL CONST. CO., INC. v. CITY OF OSSIAN

No. 66059.

318 N.W.2d 172 (1982)

LERDALL CONSTRUCTION COMPANY, INC., Appellant, v. CITY OF OSSIAN, Raymond Wenthold, Ronald Becker, Howard Bodensteiner, and Clem Blocker, both individually and in their official capacities as Mayor and Councilmen of the City of Ossian, Iowa, Appellees.

Supreme Court of Iowa.

April 21, 1982.

Attorney(s) appearing for the Case

Carlton G. Salmons of Austin & Gaudineer, Des Moines, for appellant.

Robert H. Story of Anderson & Story, Cresco, for appellees.

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

ALLBEE, Justice.

Plaintiff construction company filed a petition seeking recovery for part of the cost of constructing a sanitary sewer system for defendant City of Ossian, Iowa. In addition to the city, the petition named as defendants the mayor and city councilmen, both individually and in their official capacities. The petition alleged that the city, by and through the mayor and councilmen, requested bids for replacement of the city's sanitary sewer system, which...

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