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PAYNE PLUMBING v. BOB McKINESS EXCAVATING

No. 85-334.

382 N.W.2d 156 (1986)

PAYNE PLUMBING & HEATING CO., INC., Appellee, v. BOB McKINESS EXCAVATING & GRADING, INC. and Henkel Construction Company, Appellants.

Supreme Court of Iowa.

February 19, 1986.

Attorney(s) appearing for the Case

F. David Eastman, of Law Offices of Walter C. Schroeder, Mason City, for appellant Bob McKiness Excavating & Grading, Inc.

Jay M. Shriver, of Pappajohn, Shriver, Eide & Nicholas, Mason City, for appellant Henkel Const. Co.

Robert H. Shepard, of Shepard & Locher, Mason City, for appellee.

Considered en banc.

LARSON, Justice.

Problems with a construction project on the campus of Northern Iowa Area Community College (NIACC) in Mason City, Iowa, resulted in a lawsuit and a procedural free-for-all, among the contractors, over the apportionment of damages. These issues are raised: (1) whether the alleged negligence of two parties who had been directed out of the suit should have been considered by the jury in fixing the percentages of negligence under Iowa Code chapter 668...

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