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CITY OF DES MOINES v. GELLER GLASS, ETC.

No. 66330.

319 N.W.2d 239 (1982)

CITY OF DES MOINES, Appellant, v. GELLER GLASS & UPHOLSTERY, INC., Appellee, and Jerome and Barbara Rose GELLER, Appellees, v. CITY OF DES MOINES, Appellant.

Supreme Court of Iowa.

May 19, 1982.

Attorney(s) appearing for the Case

Nelda Barrow Mickle, Asst. City Atty., Des Moines, for appellant.

John R. Ward, Des Moines, for appellees.

Considered by REYNOLDSON, C. J., and UHLENHOPP, McCORMICK, ALLBEE and McGIVERIN, JJ.

McGIVERIN, Justice.

This is an appeal by condemner City of Des Moines (City) from an adverse judgment in a condemnation proceeding which awarded the proceeds of a rent escrow account to condemnees, Jerome and Barbara Rose Geller (Gellers) and Geller Glass & Upholstery, Inc., (GGU). The appeal raises a single controlling issue of whether the condemnee or the condemner is entitled to possession of a condemned property interest if the condemner fails to make a deposit...

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