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LENNOX INDUSTRIES, INC. v. CITY OF DAVENPORT

No. 66553.

320 N.W.2d 575 (1982)

LENNOX INDUSTRIES, INC., Appellant, v. CITY OF DAVENPORT, Iowa; Shir-Jim, Inc., d/b/a Northwest Plumbing & Heating Co.; Insurance Co. of North America, Appellees, Schebler & Co. and ABC Supply Co., Defendants.

Supreme Court of Iowa.

Rehearing Denied July 15, 1982.

Attorney(s) appearing for the Case

William M. Tank of Cartwright, Druker & Ryden, Marshalltown, and Realff H. Ottesen of Ottesen & Ottesen, Davenport, for appellant.

Edward B. de Silva and John T. Flynn of Wells, Brubaker, de Silva, Gallagher, Flynn & Darland, Davenport, for appellees Shir-Jim, Inc., and Insurance Co. of North America.

Scott Hartsook, City Atty., Davenport, for appellee City of Davenport.

Considered by REYNOLDSON, C. J., and HARRIS, ALLBEE, McGIVERIN, and SCHULTZ, JJ.

REYNOLDSON, Chief Justice.

Plaintiff Lennox Industries, Inc. (Lennox), brought this equity action to establish its claim under chapter 573, The Code 1979, for materials furnished ABC Supply Co. (ABC), which it alleged was a subcontractor on a public improvement project. Trial court, finding that ABC was a materialman and not a subcontractor, held Lennox could not recover. We reverse and remand.

In December 1977 the City of Davenport took bids to remodel a...

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