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PFIFFNER v. ROTH

No. 85-105.

379 N.W.2d 357 (1985)

Theodore A. PFIFFNER, Appellee, v. Arthur J. ROTH, as Director of the City Health Department, City of Dubuque, Iowa; Leo J. Frommelt, as Past License Officer under Section 18-16, Ordinances of the City of Dubuque, Iowa, and as Past Clerk of the City of Dubuque, Iowa; Mary A. Davis, as License Officer under Section 18-16, Ordinances of the City of Dubuque, Iowa, and as City Clerk of the City of Dubuque, Iowa; Ken Gearhart, as City Manager of the City of Dubuque, Iowa, and City of Dubuque, Iowa, a Municipal Corporation, Appellants.

Supreme Court of Iowa.

December 18, 1985.

Attorney(s) appearing for the Case

Barry A. Lindahl, Dubuque, for appellants.

William C. Fuerste and Allan J. Carew, of Fuerste, Carew, Coyle, Juergens & Sudmeier, P.C., Dubuque, for appellee.

Considered by REYNOLDSON, C.J., and McCORMICK, McGIVERIN, LARSON, and SCHULTZ, JJ.

LARSON, Justice.

In an earlier appeal, we held that the Iowa Competition Law, Iowa Code chapter 553, was violated by the city of Dubuque, and various city officials, when they discouraged the operation of an ambulance business in competition with the city's. We remanded the case for assessment of damages. Neyens v. Roth, 326 N.W.2d 294 (Iowa 1982). After the first appeal, two of the original plaintiffs assigned their interests...

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