CITY OF ANKENY v. ARMSTRONG CO., INC.

No. 83-777.

353 N.W.2d 864 (1984)

CITY OF ANKENY, Iowa, Plaintiff-Appellee, v. ARMSTRONG CO., INC., Defendant-Appellant.

Court of Appeals of Iowa.

June 26, 1984.


Attorney(s) appearing for the Case

Thomas C. Farr of Peddicord & Sutphin, Des Moines, for defendant-appellant.

Ann Marie Brick and Patrick W. Brick of Brick, Seckington, Bowers, Schwartz & Gentry, Des Moines, for plaintiff-appellee.

Heard by SNELL, P.J., and SCHLEGEL and SACKETT, JJ.


SCHLEGEL, Judge.

Defendant, Armstrong Company, Inc., appeals from a summary judgment for plaintiff on its counterclaim in this declaratory judgment action brought to determine whether an arbitration award for defendant was proper. Defendant asserts on appeal that it was improper to sustain the plaintiff's motion for summary judgment on the basis of an earlier ruling by the court because the earlier decision constituted only a ruling on the defendant's motion to dismiss...

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