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ECONOMY FORMS CORP. v. CITY OF CEDAR RAPIDS

No. 69068.

340 N.W.2d 259 (1983)

ECONOMY FORMS CORPORATION, Appellee, Cross-appellant, v. CITY OF CEDAR RAPIDS, City of Cedar Rapids City Council, and Cedar Hills Construction Company, Defendants, W.R. Hennessey and Son, Inc., and Hartford Accident and Indemnity Company, Appellants, Cross-appellees.

Supreme Court of Iowa.

Rehearing Denied December 21, 1983.

Attorney(s) appearing for the Case

Donald C. Hoskins, Marion, for appellants, cross-appellees.

Gene R. LaSuer of Davis, Hockenberg, Wine, Brown & Koehn, Des Moines, for appellee, cross-appellant.

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

McCORMICK, Justice.

Plaintiff Economy Forms Corporation leased concrete forms to a subcontractor on a public improvement who defaulted in rental payments. Plaintiff subsequently claimed the rentals from the general contract retainage held by the public body pursuant to Iowa Code chapter 573. After trial of the claim in equity, the trial court entered judgment for the rentals for plaintiff against the subcontractor, general contractor and general contractor's bonding...

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