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CITY OF CARLISLE v. FETZER

No. 85-336.

381 N.W.2d 627 (1986)

CITY OF CARLISLE, Appellee, v. Scott FETZER a/k/a the Scott & Fetzer Company, Appellant.

Supreme Court of Iowa.

February 19, 1986.

Attorney(s) appearing for the Case

David Swinton of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, Des Moines, for appellant.

Robert L. Stuyvesant of Schooler, Stuyvesant & Benton, Carlisle, for appellee.

Considered by REYNOLDSON, C.J., and McGIVERIN, LARSON, CARTER, and WOLLE, JJ.

REYNOLDSON, Chief Justice.

Trial court denied a motion for summary judgment filed by defendant Scott Fetzer in response to plaintiff City of Carlisle's petition, which alleged breach of implied warranties in the sale of a street sweeper the defendant manufactured. We granted defendant's application to appeal, and now reverse and remand.

Plaintiff's petition, filed June 1, 1984, alleged it purchased the new "Stahl tow sweeper" in 1978. Plaintiff further alleged...

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