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MIDWEST DREDGING CO. v. McANINCH CORP.

No. 85-1063.

424 N.W.2d 216 (1988)

MIDWEST DREDGING COMPANY, Appellee, v. McANINCH CORPORATION, Defendant, and Iowa State Department of Transportation, Appellant.

Supreme Court of Iowa.

May 11, 1988.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and Mark Hunacek, Asst. Atty. Gen., for appellant.

Patrick M. Roby and Diane Kutzko of Shuttleworth & Ingersoll, P.C., Cedar Rapids, for appellee.

Considered by McGIVERIN, C.J., and LARSON, SCHULTZ, LAVORATO and ANDREASEN, JJ.

McGIVERIN, Chief Justice.

Defendant, Iowa Department of Transportation (DOT), appeals three of the trial court's conclusions in this non-jury law action. The trial court ruled (1) that DOT did not enjoy sovereign immunity under Iowa Code section 613.11 (1979) from the suit brought by plaintiff-subcontractor Midwest Dredging Co. (Midwest); (2) that Midwest was an intended third-party beneficiary of the contract between DOT and the codefendant-contractor McAninch Corporation...

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