ALLIS-CHALMERS CORP. v. EMMET COUNTY COUNCIL

No. 83-1618.

355 N.W.2d 586 (1984)

ALLIS-CHALMERS CORPORATION, Plaintiff, v. EMMET COUNTY COUNCIL OF GOVERNMENTS, Defendant, City of Estherville and Emmet County, Defendants.

Supreme Court of Iowa.

September 19, 1984.


Attorney(s) appearing for the Case

John M. Bickel and Allan W. Vestal of Shuttleworth & Ingersoll, P.C., Cedar Rapids, for plaintiff.

Kendall R. Surfass, Emmet County Atty., for defendant Emmet County.

Maynard M. Mohn of Rosendahl, Forsyth, Mohn & McCay, Estherville, for defendant City of Estherville and for defendant ECCOG.

Considered en banc.


McCORMICK, Justice.

The United States District Court for the Northern District of Iowa has certified the following question of law pursuant to Iowa Code section 684A.1 (1983): "Whether individual members of a separate entity created pursuant to sections 28E.4 and 28E.5, Code of Iowa, are jointly and severally liable along with said entity upon a written contract entered into only by said separate entity and a third party." The question is framed in the context of...

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