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ZIMMERMAN v. KILE

No. 86-845.

410 N.W.2d 262 (1987)

Lyle ZIMMERMAN, Appellant, v. Eldon L. KILE d/b/a Kile's Feed & Grain; C.C. Bender; and S/M Farm Service Company, Appellees. C.C. BENDER, Appellee, v. Donald SCHROEDER and Farmers & Merchants Savings Bank, Appellees.

Supreme Court of Iowa.

August 19, 1987.

Attorney(s) appearing for the Case

John T. Nolan of Rate, Nolan, Moen & Parsons, Iowa City, for appellant.

Anne G. Burnside, West Liberty, for appellees Eldon L. Kile and C.C. Bender.

Douglas V. Olson, Coralville, for appellee Eldon L. Kile.

Thomas J. Shields of Lane & Waterman, Davenport, for appellee S/M Farm Service Company.

David J. Meloy of Stanley, Lande, Coulter & Pearce, Muscatine, for appellees Donald Schroeder and Farmers & Merchants Sav. Bank.

Considered en banc.

CARTER, Justice.

Plaintiff, Lyle Zimmerman, appeals from the district court's determination following a nonjury trial that he was not the real party in interest for purposes of bringing an action for damages resulting from conversion of grain which was allegedly subject to a statutory landlord's lien under Iowa Code section 570.1 (1985). We conclude that the district court erred in that determination, reverse its order dismissing plaintiff's petition, and remand the...

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