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LAKESIDE BOATING AND BATHING, INC. v. STATE

No. 85-1625.

402 N.W.2d 419 (1987)

LAKESIDE BOATING AND BATHING, INC., an Iowa Corporation, Appellant, v. STATE of Iowa, et al., Appellees.

Supreme Court of Iowa.

March 18, 1987.

Attorney(s) appearing for the Case

David P. Jennett of McCullough Law Firm, Sac City, and David R. Gault of Bittner and Gault, Des Moines, for appellant.

Thomas J. Miller, Atty. Gen., and John P. Sarcone and Steven G. Norby, Asst. Attys. Gen., for appellee State of Iowa.

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

WOLLE, Justice.

The first time this quiet title action was before us we reversed the decree of the trial court with directions concerning issues to be tried on remand. See Lakeside Boating & Bathing, Inc. v. State, 344 N.W.2d 217 (Iowa 1984). Two of the issues remanded for trial were the State's defenses of consent and release. We wrote:

Upon remand, the trial court shall permit the State to assert these contentions...

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