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TOY NAT. BANK v. VLAHOULIS

No. 2-66502.

320 N.W.2d 655 (1982)

TOY NATIONAL BANK, A National Banking Corporation, Plaintiff-Appellant, v. Martha VLAHOULIS; Downtown Cleaners, Inc., An Iowa Corporation; and Laundry-Fair, Inc., A Corporation, Defendants-Appellees.

Court of Appeals of Iowa.

April 27, 1982.

Attorney(s) appearing for the Case

William L. Edmonds of Carter, Sar & Edmonds, Sioux City, for plaintiff-appellant.

Daniel C. Galvin of O'Brien, Galvin, Kuehl & Mullin, Sioux City, for defendants-appellees.

Heard by OXBERGER, C. J., and DONIELSON, SNELL, CARTER, and JOHNSON, JJ.

PER CURIAM.

Plaintiff appeals from the trial court decree foreclosing mortgages it held on properties and ordering the sale of the properties subject to one defendant's lease, contending the trial court erred in finding the leasehold to be superior to plaintiff's mortgage and in permitting a defendant to amend its answer to conform to proof. The appeal is dismissed due to appellant's waiver of its right to appeal.

Appellant-mortgagee, Toy National Bank, sought...

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