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SHINRONE FARMS, INC. v. GOSCH

No. 66381.

319 N.W.2d 298 (1982)

SHINRONE FARMS, INC., Appellee, v. Lloyd H. GOSCH, Lawrence J. Ritter and Marvin Nutzman, Individually, and as the Sac County Board of Supervisors; Eldon D. Kolbe, Sac County Auditor; and Jean Gillette, Sac County Treasurer; and Sac County, Iowa, Appellants. Lloyd H. GOSCH, Lawrence J. Ritter and Marvin Nutzman, Individually and as the Sac County Board of Supervisors; Eldon D. Kolbe, Sac County Auditor; and Jean Gillette, Sac County Treasurer; and Sac County, Iowa, Appellants, v. Richard JOHNSON, State Auditor of the State of Iowa; and State Auditor's Office of the State of Iowa, Defendants on Cross-Petition.

Supreme Court of Iowa.

May 19, 1982.

Attorney(s) appearing for the Case

Thomas L. McCullough of the McCullough Law Firm, P. C., Sac City, for appellants.

Gary E. Wenell of Baron & Wenell, Sioux City, for appellee.

Thomas J. Miller, Atty. Gen. and Howard O. Hagen and Lynn M. Walding, Asst. Attys. Gen., for defendants on cross-petition.

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

McGIVERIN, Justice.

Plaintiff, Shinrone Farms, Inc. (Shinrone), obtained a writ of mandamus ordering defendants Sac County, and its board of supervisors, auditor and treasurer, to honor and pay Shinrone's claim for brucellosis indemnity pursuant to chapter 164, The Code. Defendants urge reversal of trial court's order on the theory that chapter 164 does not permit payment of most of plaintiff's claim because there was an inadequate sum of money in the county brucellosis...

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