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UNITED CENT. BANK OF DES MOINES v. KRUSE

No. 87-1117.

439 N.W.2d 849 (1989)

UNITED CENTRAL BANK OF DES MOINES, N.A. n/k/a First Interstate Bank of Des Moines, N.A., Appellee, v. Nancy A. KRUSE and Kevin C. Kruse, Appellants.

Supreme Court of Iowa.

Rehearing Denied May 11, 1989.

Attorney(s) appearing for the Case

John C. Werden, Jr. of Van Dyke & Werden, P.C., Carroll, and Eloise Lorch Rippie, Ames, for appellants.

Ross H. Sidney, Robert C. Thomson and Patrick J. McNulty of Grefe & Sidney, Des Moines, for appellee.

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

CARTER, Justice.

Defendants, Nancy A. Kruse and Kevin C. Kruse, appeal from the district court's decree foreclosing the mortgage of the plaintiff, United Central Bank of Des Moines (the bank), against their property and rejecting various affirmative defenses and counterclaims which plaintiffs had filed against the bank.

Defendants contend on appeal that the district court erred in: (1) excluding the testimony of an expert witness, (2) instructing the jury...

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