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CITIZENS STATE BANK v. HARDEN

No. 87-1429.

439 N.W.2d 677 (1989)

CITIZENS STATE BANK, Plaintiff-Appellee, v. Richard L. HARDEN and Janice E. Harden, d/b/a Harden Welding & Manufacturing, Defendants-Appellants. Richard L. HARDEN and Janice E. Harden, formerly d/b/a Harden Welding & Manufacturing, Counter-Cross-Claimants, v. CITIZENS STATE BANK, John E. Brewer, Agent, Rodney P. Kubat, John D. Cleavenger, and John and Jane Does 1-500, Counterclaim Defendants.

Court of Appeals of Iowa.

February 23, 1989.

Attorney(s) appearing for the Case

Marlyn S. Jensen, Osceola, for defendants-appellants.

Rodney P. Kubat of Whitfield, Musgrave & Eddy, Des Moines, for plaintiff-appellee.

Heard by OXBERGER, C.J., and DONIELSON and SCHLEGEL, JJ.

DONIELSON, Judge.

The Hardens appeal from a district court "Ruling on Preliminary Motions of Defendant" and all previous adverse rulings arising out of the bank's replevin action. The Hardens contend that: (1) the Hardens' removal of the replevin action to federal court rendered the district court's subsequent final order of possession void; (2) the replevin action statute is unconstitutional as applied since it operated to deprive the Hardens of their right to a...

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