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HOWELL v. RIVER PRODUCTS CO.

No. 85-420.

379 N.W.2d 919 (1986)

Paul D. HOWELL and Ola Howell, Plaintiffs, v. RIVER PRODUCTS COMPANY, Appellee, v. GARDEN & ASSOCIATES, LTD., Appellant.

Supreme Court of Iowa.

Rehearing Denied February 26, 1986.

Attorney(s) appearing for the Case

Garold F. Heslinga and David D. Dixon, of Heslinga & Heslinga, Oskaloosa, for appellant.

C. Peter Hayek and William D. Werger, of Hayek, Hayek, Hayek & Holland, Iowa City, for appellee.

Considered by UHLENHOPP, P.J., and HARRIS, McCORMICK, McGIVERIN, and SCHULTZ, JJ.

UHLENHOPP, Justice.

This appeal involves a cross-claim against an engineering firm for indemnity. The controlling facts are largely undisputed; the controversy involves the application of the rules of law to the facts.

Cross-claimant River Products Company mines limestone underground. It had a mine in land adjoining a ten-acre tract owned by plaintiffs Paul D. and Ola Howell. The Howell tract contained about 280,000 tons of minable limestone worth approximately...

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