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MADDOX v. KATZMAN

No. 2-66492.

332 N.W.2d 347 (1982)

Ralph M. MADDOX, Marie Maddox, Clifford Nolte, Richard Evans, and Joseph E. Breidinger, Plaintiffs/Defendants to Counterclaims/Appellants, v. Louie KATZMAN, Emma Louise Paterson, Marvelle Feller, Lucille Hahn, James E. Bonnstetter, Mavis A. Bonnstetter, Andrew C. Johnson, Irene Johnson, Roger Johnson, Lois Johnson, Ivan Pixler, Irene Flanagan, Helen E. Morten, and Joseph W. Morten, Defendants/Counterclaimants/Appellees.

Court of Appeals of Iowa.

December 29, 1982.

Attorney(s) appearing for the Case

Harold W. White and Richard Meyer of Fitzgibbons Brothers, Estherville, for plaintiffs-appellants.

Robert B. Scism of Scalise, Scism, Gentry & Rich, Des Moines, for defendants-appellees Joseph W. Morten, Helen E. Morten and Ivan Pixler.

Robert J. Egge of Whitfield, Musgrave, Selvy, Kelly & Eddy, Des Moines, for defendant-appellee Emma Louise Paterson and Marvelle Feller.

Donald H. Molstad of Shuminsky, Shuminsky & Molstad, Sioux City, for defendant-appellee Irene Flanagan.

J.R. Miller of Miller, Miller, Miller & Green, Cherokee, for defendants-appellees Louie Katzman, Lucille Hahn, Andrew C. Johnson and Irene Johnson.

Heard en banc.

OXBERGER, Chief Justice.

Plaintiffs appeal from judgment entered against them in this action to determine the parties' rights to the use of certain beach front property on Lake West Okoboji. Plaintiffs, owners of lots not adjacent to the beach, claim that they have easements by virtue of certain provisions of a 1905 plat which give them the right to access to the beach for bathing purposes and for the erection of docks and boathouses and by prescription. Defendants...

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