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IOWA ELEC. LIGHT & POWER v. WENDLING QUARRIES

No. 85-1121.

389 N.W.2d 847 (1986)

IOWA ELECTRIC LIGHT & POWER COMPANY, Appellant, v. WENDLING QUARRIES, INC., Appellee.

Supreme Court of Iowa.

June 18, 1986.

Attorney(s) appearing for the Case

Bruce Washburn, Thomas J. Pitner and Andrew P. Matthews, Cedar Rapids, for appellant.

William L. Meardon and Thomas D. Hobart of Meardon, Sueppel, Downer & Hayes, Iowa City, for appellee.

Considered en banc.

McGIVERIN, Justice.

This is an interlocutory appeal, Iowa R.App.P. 2, by plaintiff from a trial court ruling on its application for adjudication of law points. Iowa R.Civ.P. 105. The trial court overruled the application on the ground that there were material facts in dispute. We conclude that the court, nevertheless, should have ruled on the merits of plaintiff's application, and, thus, we reverse and remand for further proceedings.

Defendant Wendling Quarries...

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